Knee Board decisions

The Veteran's appeal has been dismissed due to their death. The issues on appeal were about increased ratings for various knee and spine conditions, as well as TDIU.

The Board denied an increased disability rating for the right knee sprain prior to February 4, 2020 and a separate compensable disability rating for residuals of TBI from that date.

The Board has remanded the Veteran's claims for annual clothing allowances for knee braces due to a recent grant of service connection for bilateral knee disabilities, effective November 20, 2016. The AOJ must upload all relevant documentation and readjudicate the claims in light of this new information.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities prevented her from securing or following gainful employment for the period from August 14, 2007 to October 18, 2016. From October 18, 2016 to January 25, 2017, she had a combined disability rating of 100 percent and none of her disabilities alone rendered her unemployable.

The Veteran's claims for increased ratings for shell fragment wounds of the left leg, thigh, and lung have been denied. The VA has determined that a disability rating greater than 20 percent is not warranted for any of these conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his periods of active duty, ACDUTRA and INACDUTRA. The Veteran is also required to undergo an updated examination for his chondromalacia, left knee with patellar tendonitis.

The Veteran's claim for an automobile allowance with adaptive equipment was denied because the vehicle purchased in 1970, which he received as a service connection benefit, has not been destroyed by a natural or other disaster.

The Veteran's left knee disability was denied for ratings in excess of the current assigned ratings before and after December 3, 2019.

The Veteran's claims for increased rating and service connection were denied. The right knee condition was rated at 10 percent, the lumbar spine degenerative arthritis claim was not granted due to lack of nexus, and the left sciatic nerve condition claim was also not granted as it is secondary to a non-service-connected disability.

The Veteran was granted a TDIU for the period from September 1, 2011 to November 14, 2011. The claim of entitlement to TDIU for the period from November 15, 2011 to December 31, 2012 is moot due to the Veteran's 100% schedular rating and SMC under 38 U.S.C. § 1114(s). The claim of TDIU prior to September 1, 2011 was denied.

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's right knee disability was aggravated by his service. The examiner is asked to provide a clear and unmistakable evidence opinion on this matter.

The Veteran's post-total knee replacement right knee disability is granted a 60 percent rating effective August 3, 2012. The claim for an increase in the 30 percent rating prior to that date was denied.,The Veteran’s hypertension is rated at 10 percent and no higher. An extraschedular TDIU rating prior to August 3, 2012 is remanded.,Bilateral hearing loss is rated at 0 percent and a TDIU rating from the effective date of August 3, 2012 is granted.

The Veteran's appeal is remanded for further development regarding his right knee disability ratings. For the left knee, the Board finds that a higher rating is not warranted as there was no evidence of ankylosis or instability.

The Veteran's claim for a higher rating for his service-connected lumbar spine condition was denied. A separate ratings were granted for right and left lower extremity radiculopathy, with the latter being restored to 20 percent effective December 6, 2019.

The Veteran's initial and higher evaluations for service-connected unspecified depressive disorder are granted, but the claims for other conditions remain pending.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities as of September 27, 2016. The Veteran’s service-connected conditions did not render him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for left knee, right knee, left hip, and right hip disabilities due to a lack of evidence linking these conditions to the Veteran's active service.,Service connection requires a current disability that is related to an in-service injury or disease. The Board found no such link for any of the claimed disabilities.

The Board has remanded the Veteran's claim for an initial disability rating in excess of 10 percent for degenerative changes of the right knee due to inadequate examination results. The case is being returned for further development.

The Board denied the Veteran's claims of service connection for left and right shoulder disabilities, as well as left and right knee disabilities. The evidence did not show that these conditions were incurred or aggravated by military service.