Knee Board decisions

The Board found that the Veteran's service-connected disabilities, including degenerative changes of the cervical spine, left knee DJD and meniscal tear, right knee DJD and meniscal tear, and lumbar spine DJD, did not preclude him from securing or following substantially gainful employment at any time throughout the period of appeal. The Board denied his claim for a total rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's appeals for increased ratings for his service-connected bilateral ankle and knee disabilities are being remanded due to the need for updated VA treatment records, additional private medical records, and VA examinations.

The Veteran's right knee disability has been granted a separate 20 percent rating for a repaired meniscal tear with frequent joint pain, locking, and effusion. His left knee disability remains at a non-compensable rating due to lack of compensable loss in range of motion. The Veteran's PTSD is rated as 70 percent disabling effective from August 6, 2020. TDIU has been granted.

The Board has remanded the claims for bipolar disorder, right knee chondromalacia, and vertigo due to lack of recent VA treatment records and inadequate examination reports. The Veteran needs new examinations to assess her current disability levels.

The Board has remanded the Veteran's claims for IVDS, left knee strain, and hypertension due to service connection. The claims will be reviewed with new examinations and additional medical opinions provided.

The Board has ordered remand due to additional development being required for the Veteran's left knee disabilities, specifically instability and limitation of flexion. The case will be reviewed under both old and new rating criteria.

The Veteran's low back disability is granted service connection. Increased ratings are granted for left and right knee disabilities, with a total rating based on individual unemployability due to PTSD also being granted.

The Board has decided to remand the claims for service connection of right and left knee disabilities due to further development being necessary.

The Board denied the Veteran's claim of service connection for a bilateral knee disability, finding that there was no evidence showing a chronic condition in service or within one year after separation. The current diagnosis of degenerative knee arthritis is not considered to be related to an in-service injury.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his failure to provide necessary information and evidence, including VA Form 21-8940, which is required for adjudicating such claims. The Board found that there was not enough information in the record to determine if the Veteran's service-connected disabilities precluded him from securing or following a substantially gainful occupation.

The Board has remanded the service connection and TDIU claims due to a need for further medical opinion regarding whether the Veteran's low back disability is secondary to his service-connected right and left knee disabilities.

The Veteran's right knee instability is granted a higher 20 percent rating, effective from June 21, 2009. The Veteran's degenerative joint disease (arthritis) of the right knee remains at a 10 percent rating.

The Veteran's tinnitus is granted as service-connected. The claims for bilateral hearing loss, lumbar spine strain with intervertebral disc disease (IVDS), right knee disability, left knee disability, and left ankle disability are remanded due to the need for additional medical examination.

The Veteran's left knee disability, including osteoarthritis and patellofemoral pain syndrome with a history of meniscectomy, is currently rated at 10 percent for the entire appeal period. The Board denied an increased rating higher than 10 percent due to lack of limitation of motion that would warrant a higher evaluation under Diagnostic Codes 5260 or 5261. A separate 10 percent rating was granted for left knee instability prior to February 7, 2021, and a 20 percent rating thereafter.

The Veteran's claims for increased ratings for his service-connected right and left knee disabilities, as well as a TDIU claim, are remanded due to the need for additional development of medical records. The issue of secondary service connection for an acquired psychiatric disability is referred to the RO.

The Board has remanded the claims of service connection for a right knee disability and hearing loss due to incomplete compliance with previous remand directives. The Veteran's right knee disability is being remanded for an addendum opinion addressing causation and aggravation by his service-connected flatfeet and right foot fracture residuals, as well as direct service connection. His hearing loss claim is also being remanded for a new medical opinion considering the Veteran’s noise exposure in service.

The Board has remanded the claims for service connection due to a failure to obtain private treatment records, and will address these issues once VA receives the Veteran's completed forms.

The Board has remanded the Veteran's claims for right knee medial meniscus tear and left knee patellofemoral pain syndrome due to incomplete records, including a missing June 2014 examination report by Dr. Carter.

The Veteran's claims for increased ratings for his left and right knee disabilities prior to April 25, 2016 and July 31, 2017 were denied. The RO assigned 30 percent ratings for each knee status post total knee arthroplasty (TKA) from June 1, 2017 and September 1, 2018 respectively.

The Board has remanded the cases for further development due to new theories of service connection and additional medical opinions.