Knee Board decisions

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for right knee degenerative arthritis status post meniscectomy, finding that the evidence did not support such an increase.

The Veteran was granted a TDIU and an increased rating for PTSD, effective April 5, 2019. The decision also noted that the Veteran's service-connected disabilities precluded him from securing and following a substantially gainful occupation.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent throughout the review period. The issue of entitlement to TDIU is dismissed as moot because there is no indication that any single disability alone warrants a TDIU.

The Veteran's tinnitus is denied as there is no evidence of in-service noise exposure or a nexus to service.,An initial disability rating of 10 percent for left knee strain (claimed as left knee pain) is granted, based on painful noncompensable limitation of motion.

The Board has remanded the Veteran's right knee claim due to a pre-decisional duty to assist error, requiring the AOJ to consider any additional evidence submitted.

The Board has determined that the Veteran's claims for service connection are remanded due to a failure to provide VA examinations and adequate medical opinions.

The Board has granted service connection for cervical spine, lumbosacral strain, left knee strain, and right knee strain disabilities. The decision is based on the Veteran's credible lay statements regarding symptoms that began during military service.

The Board denied the Veteran's claim for an effective date prior to February 1, 2008, for a TDIU due to his service-connected right and left knee disabilities. The evidence showed that he earned more than the poverty threshold in 2007, indicating substantially gainful employment.

The Veteran's right knee surgery required a period of convalescence, and the Board has granted a temporary total evaluation based on this need for convalescence.

The Veteran is granted an effective date of September 28, 2015 for a total disability rating based on individual unemployability (TDIU) and eligibility to Dependents' Educational Assistance (DEA). The TDIU was awarded due to the Veteran's service-connected disabilities preventing him from securing and following substantially gainful employment. The DEA eligibility is also granted as of September 28, 2015.

The Board has granted service connection for degenerative arthritis of the thoracolumbar spine, cervical herniated disc, left knee osteoarthritis, and right knee osteoarthritis. The decision is based on a finding that these conditions began during active service.

The appeal to reduce the evaluation of the Veteran's service-connected right knee disability from 40 percent to 10 percent is dismissed as premature and invalid.

The Board has denied service connection for a right ankle disorder, a right shoulder disorder, and a right knee strain (claimed as a right leg injury). The claim of service connection for irritable bowel syndrome (IBS) is remanded due to duty-to-assist errors.

The Board has decided to remand the claims of service connection for right and left knee conditions due to inadequate development in a previous examination. The case will be returned for further development, including an adequate VA examination.

The Board has remanded the cases of left upper extremity peripheral neuropathy for further development due to herbicide exposure and as secondary to service-connected disability.

The Board has remanded the Veteran's claims for service connection for right and left knee conditions due to insufficient reasoning in a previous decision regarding the adequacy of an opinion provided by a VA clinician.

The Board denied the Veteran's claims for increased ratings for right knee lost flexion and extension as he failed to report for a VA examination needed to rate his conditions. The existing evidence does not show that his right knee disorders meet or approximate the criteria for higher ratings under any applicable diagnostic codes.

The Board has granted service connection for the Veteran's right knee degenerative arthritis and meniscal tear, finding that there is at least an approximate balance of positive and negative evidence as to whether these conditions are related to service.

The Veteran's claims for increased ratings and related issues are being remanded due to the need to obtain non-VA medical records from West University Wellness and Westchase Health and Rehabilitation Center, which have not been associated with the claims file. The AOJ is instructed to readjudicate the claims after obtaining these records.

The Veteran's left knee DJD and instability were found to be no worse than limitation of motion, without additional functional loss due to pain or other symptoms. The current ratings for these conditions are denied.