Knee Board decisions

The Veteran's right knee condition is rated at 10 percent for instability, but no higher. The ratings for limitation of flexion and extension are denied.

The Veteran's appeals for various ratings and restoration of ratings for knee conditions have been dismissed due to his death.

The Veteran's TDIU claim is remanded due to a duty to assist error involving private medical records and workers' compensation records. The AOJ must attempt to obtain these records before considering the merits of the claim.

The Veteran's sickle cell trait is not service-connected as it is a congenital defect without additional superimposed disease or injury.,There is no evidence of residuals of a traumatic brain injury related to service, and the Veteran does not have a current diagnosis of such condition.,The Veteran does not have a current diagnosis of a cervical spine disability. The STRs are silent for any injuries sustained as a result of a hatch falling on his head or any diagnoses related to a TBI or cervical spine disability.,There is no evidence of a left shoulder disability, right elbow disability, or right knee disability during service or post-service. The Veteran does not have current diagnoses of these conditions.,The Veteran's STRs and post-service treatment records are silent for complaints or diagnoses related to bilateral shoulder pain or strain, bilateral elbow pain or strain, or right knee pain or strain.,There is no evidence of a right knee disability during service or post-service. The Veteran does not have current diagnosis of this condition.

The Board denied the claim for service connection of a left knee condition, finding that there is no credible evidence linking any current left knee disability to the appellant's period of service.

The Board has determined that the Veteran's current obstructive sleep apnea is proximately due to his obesity, which was caused by his service-connected degenerative joint disease of the left shoulder, left knee degenerative joint disease, and right knee degenerative joint disease. As such, service connection for obstructive sleep apnea as secondary to these conditions has been granted.

The Veteran's migraine headaches are rated at 50 percent disabling, effective October 19, 2021. The Board also granted a TDIU from this date due to the combined effect of his service-connected disabilities.

The Board has granted the Veteran's claims for service connection for left knee osteoarthritis, right knee osteoarthritis, and lumbar spondylosis. The decision is based on the Veteran's credible statements of in-service injury and ongoing symptoms.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's service-connected PTSD contributed substantially or materially to his cause of death, which was an acute myocardial infarction.

The Veteran's bilateral pes planus, right knee disability, and left knee disability were granted service connection from October 25, 2007. The adjudicator incorrectly applied the provisions regarding the presumption of aggravation in April 2008, leading to a grant of service connection.

The Veteran's service-connected disabilities, including PTSD, right knee and left knee conditions, hearing loss, tinnitus, and back issues, rendered him unable to secure or maintain substantially gainful employment from September 25, 2017, to January 14, 2020. The Board granted the Veteran's claim for TDIU based on these disabilities.

Service connection for deviated septum, hemorrhoids, and tinnitus is denied. Service connection for bilateral shin scars, allergic rhinitis, gastroesophageal reflux disease (GERD), left knee condition, right knee condition, and back injury is remanded.,The Veteran's claim for a rating greater than 10 percent for tinnitus must be denied as the maximum schedular rating has been assigned. The effective date of service connection for tinnitus cannot be earlier than March 31, 2020.

The Veteran's left knee limitation of extension is granted at a 40 percent rating effective January 11, 2020. A separate rating for the meniscal condition prior to March 1, 2021, is denied.

The Board has remanded the Veteran's claims for service connection due to environmental hazards, as they are related to his military service and exposure to toxic substances. The effective date is not specified.

The Veteran's initial ratings for right and left knee instability have been granted.,Both the initial rating of 20 percent for each knee are granted.

The Veteran's claims for increased ratings of his left and right knee degenerative arthritis have been denied by the Board, as both knees currently meet the criteria for a 10 percent evaluation.

The Veteran's right knee surgical scars are not manifest by an area or areas of 144 square inches (929 sq. cm.) or greater, and thus do not warrant a compensable rating under Diagnostic Code 7802.,One painful right knee surgical scar warrants a 10 percent disability rating under Diagnostic Code 7804.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected anxiety and depressive disorder, right knee disability, and left knee disability. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's emergency medical care at Hampshire Memorial Hospital on October 17, 2022 is eligible for payment under VA regulations due to the favorable findings in a previous authorization. The Veteran's other health insurance (Medicare A) did not fully cover the costs.

The Veteran's claims for increased ratings for bilateral knee and left ear hearing loss were denied. The maximum schedular rating of 20% was assigned for both knees, and the noncompensable rating (0%) was maintained for his left ear hearing loss.