Knee Board decisions

Your appeal concerning the left knee disability has been dismissed as you have withdrawn your claim.

The Veteran's claims for higher ratings for his neck and left knee disabilities, as well as service connection for gastroesophageal reflux disease (GERD) and sleep apnea are being remanded due to outstanding records not having been obtained. The Veteran's VA treatment records suggest there may be relevant private treatment records that have not been associated with the claims file.

The Veteran's right knee disability, characterized as locked bucket handle medial meniscus tear, was evaluated at a 20 percent rating from January 1, 2009 to November 19, 2010. The claim for an increased rating was denied.

The Board has granted a 20 percent rating for left knee instability and denied any increase in the rating for degenerative arthritis of the left knee. The Veteran's condition is currently rated at 10 percent.

The Board has ordered a new examination to address the specific questions related to the Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA treatment, including whether playing basketball during in-patient rehabilitation caused additional disability and if that was within the expected care of a reasonable health care provider.

The Board has dismissed the Veteran's appeals for increased ratings in excess of 10 percent for cervical spine strain, sleep apnea, residuals of head injury with post traumatic headaches, right shoulder condition, back condition (lumbar degenerative disc disease), left knee degenerative joint disease, and dyspepsia or gastroesophageal reflux disease (GERD).

The Board has remanded the case for further development due to incomplete examination and referral of TDIU claim prior to January 29, 2021. The left femur/knee disability remains in dispute.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's left knee disability is caused or aggravated by his service-connected left ankle disability. The Veteran will need a VA addendum opinion to address these issues.

The Veteran's migraine headaches are granted as service-connected due to aggravation by her service-connected autonomic dysfunction with hyperadrenergic POTS. The Ehlers-Danlos syndrome is also found to be aggravated by the service-connected POTS, but the Board finds that further development of the claims for bilateral knee disability, all-joint degenerative condition, muscle degenerative condition, fibromyalgia, and eating disorder are required.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbar spine, right knee and left lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on this finding.

The Board has remanded the Veteran's claims for initial ratings in excess of 20, 10, and 10 percent for his thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, left knee patellar chondromalacia and degenerative joint disease, and right knee patellar chondromalacia and degenerative joint disease due to the need for new examinations.

The Veteran's right knee was granted a rating of 30 percent from December 11, 2013 to September 3, 2014 for limitation of motion. Since November 1, 2014, the Veteran's right knee has been rated as more than 10 percent due to symptoms including meniscal tear, 'locking,' effusion, and frequent falls.

The Board found that a separate rating for right knee instability prior to October 9, 2012 is not warranted based on the earliest medical evidence of worsening.

The Veteran's bilateral knee disabilities, including posttraumatic arthritis and instability, are currently rated as 10 percent for each knee. The Board denied increased ratings.

The Board has decided to remand the cases for further development and consideration due to new evidence submitted by the Veteran.

The Board has denied service connection for heart disease and remanded the issues of whether new and material evidence has been received to reopen a claim of entitlement to service connection for degenerative disk disease of the lumbar spine, and entitlement to service connection for a nerve disability.

The Board has decided to remand the case due to inadequate examination and new evidence submitted by the Veteran. The claim for service connection for left knee arthritis is being returned for further development.

The Veteran's low back strain is currently rated as 10 percent disabling, and the Board has determined that a higher rating is not warranted.,Service connection for sleep apnea is granted on the basis that it was initially manifested during active service and aggravated by his service-connected PTSD. Headaches are also granted on this basis.

The Board has remanded the Veteran's claims for additional development due to inadequate examination opinions. The Veteran is entitled to service connection for his claimed disabilities, but further evidence and examination are needed.

The Board has remanded the issues of entitlement to service connection for bilateral hip, bilateral feet, and right knee disorders due to inadequate medical opinions.