Knee Board decisions

The Board of Veterans' Appeals has denied the Veteran's claims for service connection for a left knee disorder, bilateral hearing loss, hypertension, a bilateral leg disorder to include varicose veins, and athlete’s feet. The evidence does not support a finding that these conditions are related to military service.

The Veteran's GERD is granted service connection, and her patellofemoral syndrome of the right and left knees are denied increased ratings.

The Board has decided that a debt resulting from the overpayment of VA compensation benefits in the amount of $1,560 was not properly created. The decision is remanded due to issues with the calculation and apportionment process.

The Veteran's claims for increased ratings for hemorrhoids and left knee disorder with degenerative changes and scar have been denied as the evidence does not show that his conditions meet or approximate the criteria for a rating more than 10 percent.

The Veteran's intervertebral disc syndrome with degenerative arthritis of the lumbar spine, bilateral hearing loss, tinnitus, cervical spine disorder, left knee disorder, left foot disorder, OSA, and dermatitis are all granted as service-connected. The conditions were presumed to have been incurred in service due to exposure to herbicides.

The Veteran's diabetes mellitus and knee disabilities are being remanded for further examination to determine the current severity of his conditions.

The Board has decided that the claim for a separate rating for residuals of left tibia/fibula fracture needs to be remanded due to new evidence and intertwined claims. The Veteran's ankle disability was also recently granted service connection, which may affect the lower leg fracture issue.

The Board has granted service connection for tinnitus and psoriasis, but dismissed the claims for bilateral hearing loss, sinusitis, and bilateral knee condition.

The Board has remanded the service connection claims for left shoulder, left hip, right hip, and left knee/patella conditions due to inadequate VA medical opinions.

The Board denied reopening the claim of service connection for a left knee disorder as no new and material evidence was submitted, despite additional VA medical records being received.

The Veteran is granted service connection for headaches. The Veteran's current diagnosis of headaches are related to a period of service.,Service connection for the residuals of a TBI is denied as the Veteran already has service connection for headaches under a different theory of service connection.

The Board has remanded several claims due to deficiencies in the prior VA examinations and the need for additional evidence.

The Board has remanded the Veteran's claim for an increased rating for his left knee disability due to incomplete development and need for additional medical evidence.

The Veteran withdrew his appeals for several conditions and issues, including increased ratings for TBI and migraine headaches, service connection for sleep apnea, PTSD, a left knee condition, hearing loss, cataracts, diabetes (secondary to service-connected disability), an increased rating for other specified depressive disorder, and entitlement to individual unemployability prior to February 8, 2012. The appeals are dismissed.

The Board has remanded the Veteran's claims for an initial disability rating greater than 20 percent and greater than 10 percent for her right knee meniscus tear status post-surgical repair with symptomatic residuals. The case is being remanded due to inadequate VA examinations conducted during flare-ups, repetitive use testing, and ankylosis determinations.

The Board has determined that there is at least a 50% chance the Veteran's internal derangement of the right knee disability is related to an in-service injury, and thus service connection for this condition is granted.

The Veteran's service-connected disabilities have significantly impacted his ability to work, resulting in functional limitations that prevent him from securing or maintaining substantially gainful employment. As a result, the Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) for the entire period of appeal.

The Board has granted the Veteran's requests to reopen his claims for service connection for left knee disability, back disability, and depressive disorder. The cases are remanded for further development.

This decision is remanded for several issues related to the Veteran's service-connected left total knee arthroplasty and degenerative disc disease of the lumbar spine. The rating in excess of 10 percent for the left knee prior to May 12, 2015, and a rating in excess of 30 percent since June 30, 2016, are remanded. The rating in excess of 40 percent for the lumbar spine prior to August 25, 2015, and a rating in excess of 20 percent since that date are also remanded. Additionally, the reduction from 40 percent to 20 percent effective August 25, 2015, is remanded. The issue of TDIU prior to November 22, 2017, is also remanded.,Reasoning for rating in excess of 10 percent and 30 percent for left knee: The examination was inadequate as it did not include range of motion testing during flare-ups.

The Veteran's claim for an initial disability rating exceeding 10 percent for his left knee disability is being remanded due to the AOJ not readjudicating the case based on all available evidence, including a March 2017 VA examination.