Knee Board decisions

The Veteran's claim for an annual clothing allowance due to the use of bilateral knee braces in 2014 is denied as the braces do not qualify under VA regulations.

The Board has remanded the case for further development, including verification of service dates and a VA examination to determine the nature and etiology of the Veteran's claimed disabilities.

The Veteran's appeal is being remanded for additional examinations and development of her claims, including a TDIU claim. The AOJ will also obtain any outstanding records and provide the Veteran with current VA examinations to assess her lumbar spine and left knee disabilities.

The Veteran's claim for an annual clothing allowance in 2014 is being remanded due to the need for additional development, including obtaining updated VA and private records, as well as arranging a medical examination.

The Veteran's claim for compensation under 38 U.S.C. 1151 was denied as there is no evidence of carelessness, negligence, lack of proper skill or error in judgment on the part of VA.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine-type headaches, lumbar myositis, cervical myositis, right (major) shoulder impingement syndrome, right knee sprain residuals, left knee patellofemoral syndrome, and tinnitus, render him unable to secure or follow a substantially gainful occupation. Therefore, he is granted a TDIU.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues of service connection for various conditions are being addressed.

The Veteran's claims for increased ratings for his service-connected DDD of the lumbar spine, left lower extremity radiculopathy, and PTSD were denied. The Veteran's DDD of the lumbar spine is currently rated at 10 percent disabling, while his left lower extremity radiculopathy is separately rated as 10 percent disabling. His left knee sprain/strain with chondromalacia is rated at 20 percent and PTSD is rated at 30 percent.

The Board has remanded the case due to a lack of verification of the Veteran's periods of active duty service in the California Army National Guard, specifically during October 1995. The case will be returned for further development and readjudication.

The Veteran's claim for an increased rating for right knee patellofemoral syndrome was denied as there is no evidence of increased pathology, and the VA examinations did not meet the requirements set forth in 38 C.F.R. § 4.59.

The Board has remanded the Veteran's claims for additional development due to insufficient evidence regarding his claimed disabilities, particularly pes planus, right knee and shoulder conditions, skin disorders, and respiratory issues. The Veteran served multiple periods of active duty in the Marine Corps.

The Veteran withdrew their appeals for both 'Right knee instability' and 'Status-post right knee anterior cruciate ligament reconstruction'. As a result, the claims are dismissed.

The rating reduction from 30 to 10 percent for the Veteran's right knee disability was not proper, and the 30 percent rating is restored as of September 19, 2013.

The Board has remanded the claims of entitlement to service connection for right and left knee disabilities due to outstanding private treatment records, SSA disability benefits records, and a VA knee examination.

The Veteran's appeal for an earlier effective date for a separate rating of left knee instability is denied.,The Veteran's claim for an initial rating in excess of 10 percent for left knee instability is denied. The evidence does not support the presence of moderate instability.

The Veteran's claims for increased ratings for degenerative arthritis of the knees and migraine headaches have been denied. The Veteran was previously granted service connection for lower back disorder, radiculopathy in each leg, but her appeal does not include these issues.

The Board denied an extended temporary total rating for the right knee disability, finding that the Veteran's convalescence did not extend beyond October 31, 2014. The claims of service connection for a psychiatric disorder, increased ratings for right and left knee disabilities, and TDIU are remanded.

The Board has denied the Veteran's claims for service connection for a heart disability, bilateral knee disabilities, and an acquired psychiatric disorder due to lack of evidence supporting these conditions were incurred or aggravated during active duty.

The Veteran's claims for increased ratings and a compensable rating for shortening of the right leg are being remanded due to inadequate examination reports. The case will be readjudicated after additional development.

The Veteran's appeal for service connection for a left knee disability and bilateral hearing loss is being remanded due to the absence of representation. The Missouri Veterans Commission must be given an opportunity to offer arguments on his behalf before the case can be returned to the Board.