Left knee iliotibial band friction syndrome
is service connected at 10% effective 06/12/2018 (originally granted as
left knee strain, later characterized as IT band friction syndrome).
SC / Active rating
Most recent decision on 08/01/2023 continued
10%. VA relied on painful motion but found flexion/extension not limited
enough for 20%. Evidence supporting further action includes STRs
showing left ITBS on 09/22/2010, positive 07/19/2018 nexus opinion,
07/25/2022 and 03/13/2023 DBQs documenting chronic pain, flare-ups, pain
with weight-bearing, and functional loss with standing, walking,
stairs, kneeling, squatting, and family activities. Action needed:
review whether flare-up/repeated-use loss was inadequately estimated and
whether a higher rating, separate instability rating, or
extraschedular/TDIU-related occupational impact theory is supportable.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 11/04/2022AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 08/23/2018
Right knee internal derangement with proximal
tibia exostosis is service connected, currently 10% after reduction
effective 08/01/2023; it had been increased to 20% effective 04/19/2022
by the 10/19/2022 decision.
SC / Active rating
Most recent outcome is adverse because VA
reduced from 20% to 10% based on 03/13/2023 ROM findings. Action needed:
challenge the reduction and seek restoration to 20%. Supporting
evidence includes the 10/19/2022 grant based on flexion limited to the
16-30 degree range with pain/fatigue/weakness/lack of
endurance/incoordination/flare-ups; longstanding pathology on 2014
MRI/X-ray and 2018 imaging; 07/25/2022 DBQ showing severe flare-ups 3-4
times weekly, swelling, heat, inability to bend or bear pressure, and
lost HVAC work; and 03/13/2023 exam still showing worsening pain,
objective painful motion, chondromalacia, and loose bodies. The key
legal issue is whether VA showed actual sustained improvement under
ordinary conditions of life and work rather than merely better ROM on
one exam.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 11/04/2022AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 08/23/2018
Right knee limitation of extension is separately service connected at 0% effective 04/19/2022.
SC / Active rating
Most recent decision did not increase it. The
10/19/2022 decision granted the separate rating based on extension
limited to 5-9 degrees. The 03/13/2023 exam showed extension to 0
degrees including during flare-ups. Action needed: monitor for worsening
and preserve issue if future records show compensable extension loss.
Supporting evidence is the prior compensable manifestation history and
ongoing painful motion/function loss.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 11/04/2022AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 08/23/2018
Right knee loose bodies / chondromalacia are
documented on the 03/13/2023 VA exam and 07/19/2018 imaging as
progression/objective pathology of the service-connected right knee
disability.
Monitor / Confirm from code sheet
They are not separately rated. Action needed:
evaluate whether these findings support a stronger restoration
argument, a meniscal-type rating theory if symptoms such as
locking/effusion are documented, or support for separate manifestations
not currently compensated. Evidence includes imaging showing two loose
bodies up to 1 cm and chondromalacia.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 11/04/2022AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 08/23/2018
PTSD with TBI is service connected at 70% effective 06/12/2018.
SC / Active rating
Most recent rating outcome in the record is
the 09/18/2018 grant at 70%, with VA declining 100% because total
occupational and social impairment was not shown. Action needed: obtain
updated mental health treatment and consider increase/TDIU if symptoms
have worsened. Supporting evidence includes the 2018 decision listing
unprovoked irritability with periods of violence, obsessional rituals,
panic attacks, impaired impulse control, difficulty adapting to
stressful circumstances including work-like settings, inability to
establish and maintain effective relationships, and TBI-related
cognitive/judgment/visual-spatial deficits. CAPRI records also show
longstanding PTSD/anxiety/depression symptoms and intermittent suicidal
thoughts in 2015.
SourcesAutomatedDecisionLetter 09/18/201800540-C&P Exam-20220925 09/17/202200710-CAPRI-20220624 02/03/202201210-C&P Exam-20180801 07/20/2018
Tension headaches are service connected at
50% effective 06/12/2018, the maximum schedular rating under the
migraine/headache criteria.
SC / Active rating
Most recent favorable outcome is the
08/23/2018 increase to 50%. Action needed: no schedular increase
available, but headaches remain important for extraschedular/TDIU
analysis because the DBQ documented very frequent completely prostrating
prolonged attacks productive of severe economic inadaptability,
inability to concentrate, job loss, and being sent home from work.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 09/18/2018AutomatedDecisionLetter 08/23/2018
Lumbosacral strain is not service connected.
Denied / Not service connected
It was denied on 10/19/2022 as secondary to
the left/bilateral knee condition due to lack of nexus, despite a
confirmed diagnosis on 09/17/2022/09/24/2022 exam. Action needed: pursue
supplemental claim with direct-service and secondary/aggravation
theories. Supporting evidence includes the spine DBQ history of a 2011
Afghanistan IED truck incident with persistent symptoms since service,
current diagnosis of lumbosacral strain, and a likely inadequacy in the
09/17/2022 opinion because no direct service connection opinion and no
aggravation opinion were completed.
SourcesAutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 08/23/201800520-C&P Exam-20220925 09/25/202201200-C&P Exam-20180801 07/19/2018
GERD is not service connected.
Denied / Not service connected
It was denied on 10/19/2022 as secondary to
PTSD with TBI for lack of nexus, despite a 09/17/2022 confirmed
diagnosis. Action needed: pursue supplemental claim with direct and
secondary aggravation theories, especially medication/stress/aggravation
analysis. Supporting evidence includes lay history of reflux symptoms
since 2011, VA primary care assessment of possible GERD on 02/03/2022,
omeprazole prescription, continuous medication/TUMS use, and the
apparent inadequacy of the 09/17/2022 opinion because it addressed
causation only and not aggravation or direct service connection.
SourcesAutomatedDecisionLetter 10/19/202200500-C&P Exam-20220926 09/17/202200540-C&P Exam-20220925 09/17/2022
Vertigo / dizziness disorder is not service connected.
Denied / Not service connected
It was denied on 10/19/2022 because VA found
no current diagnosis, although in-service dizziness on 02/26/2012 was
acknowledged. Action needed: obtain current vestibular/ENT diagnosis and
file supplemental claim if diagnosis exists. Supporting evidence
includes STRs documenting dizziness after blast exposure and the
09/17/2022 ear DBQ recording ongoing morning lightheadedness and dizzy
spells since 2019, but no objective vestibular diagnosis on that exam.
SourcesAutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 09/18/2018AutomatedDecisionLetter 08/23/201800530-C&P Exam-20220925 09/17/2022
Tinnitus appears service connected based on
repeated positive nexus opinions linking onset in service to military
noise exposure, and the vertigo claim was expressly claimed as secondary
to service-connected tinnitus.
SC / Active rating
The current rating is not stated in the
provided decisions. Action needed: verify current rating code sheet and
effective date; use tinnitus as anchor disability for any renewed
vertigo secondary theory if a current vestibular diagnosis is obtained.
SourcesAutomatedDecisionLetter 10/19/202200530-C&P Exam-20220925 09/17/202200540-C&P Exam-20220925 09/17/202201170-C&P Exam-20180801 07/19/2018
Bilateral hearing loss is not service connected.
Denied / Not service connected
It was denied on 08/23/2018 because
audiometric findings did not meet 38 C.F.R. 3.385 despite conceded
acoustic trauma and mild sensorineural loss. Action needed: obtain
updated audiology if hearing has worsened. Supporting evidence includes
07/19/2018 audiology showing mild bilateral sensorineural hearing loss
with functional complaints, but speech scores and thresholds remained
non-ratable.
SourcesAutomatedDecisionLetter 08/23/201800140-C&P Exam-20230313 03/13/2023REPORT_ C&P Exam Detail 02/22/202300540-C&P Exam-20220925 09/17/2022
Depression as a separate claim was denied on
08/23/2018 for lack of confirmed diagnosis, but later psychiatric
symptoms were subsumed into the service-connected PTSD with TBI grant on
09/18/2018.
Denied / Not service connected
Action needed: no separate claim unless a
distinct diagnosis/manifests separately without pyramiding; instead use
depressive symptoms as evidence supporting PTSD increase/TDIU.
SourcesAutomatedDecisionLetter 09/18/2018AutomatedDecisionLetter 08/23/201800140-C&P Exam-20230313 03/13/2023REPORT_ C&P Exam Detail 02/22/2023
Panic disorder / anxiety disorder was
diagnosed in 2014 and symptoms are now effectively encompassed within
the service-connected PTSD with TBI picture.
SC / Active rating
Action needed: use this evidence to support
severity of the psychiatric disability rather than pursue a separate
pyramiding-prone claim unless a distinct diagnosis with separate
manifestations is medically identified.
SourcesAutomatedDecisionLetter 09/18/2018AutomatedDecisionLetter 08/23/201800540-C&P Exam-20220925 09/17/202200710-CAPRI-20220624 02/03/2022
Traumatic brain injury residuals are service
connected only as part of the combined PTSD with TBI 70% evaluation
effective 06/12/2018.
SC / Active rating
Earlier 2014 exams found no residuals, while
the 2018 decision described significant
cognitive/judgment/visual-spatial deficits. Action needed: obtain
updated TBI/mental health evidence to determine whether any separately
ratable residuals exist that are not duplicative of PTSD symptoms.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 09/18/2018AutomatedDecisionLetter 08/23/2018
Right knee instability / recurrent patellar dislocation is not separately rated in the provided decisions.
Monitor / Confirm from code sheet
The 07/25/2022 DBQ noted slight recurrent
patellar dislocation and slight history of lateral instability by
history, although objective testing was normal. Action needed: assess
whether a separate rating under instability/patellar instability
criteria is supportable with lay statements, brace use, falls/giving-way
history, and updated exam findings.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 11/04/2022AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 08/23/2018
Right knee degenerative/post-traumatic arthritis is documented by imaging and acknowledged by VA in the 2023 reduction decision.
SC / Active rating
It is currently compensated within the right
knee rating rather than separately. Action needed: use arthritis and
objective pathology to rebut any implication that the knee improved to
mere subjective pain and to support restoration/increase arguments.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 11/04/2022AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 09/18/2018
Genu recurvatum was documented on the
07/19/2018 knee exam as acquired/traumatic with objective weakness and
insecurity in weight-bearing.
Monitor / Confirm from code sheet
It is not separately rated in the decisions
provided. Action needed: review whether this manifestation was ever
adjudicated and whether a separate rating theory exists without
pyramiding.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 11/04/2022AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 09/18/2018
Adjustment disorder with depressed mood / insomnia was documented in service in August 2012.
SC / Active rating
It is not separately service connected, but
the symptom complex overlaps with the now service-connected PTSD with
TBI. Action needed: use as historical evidence of in-service psychiatric
onset and continuity rather than as a separate claim absent a distinct
current diagnosis.
SourcesAutomatedDecisionLetter 09/18/2018AutomatedDecisionLetter 08/23/201801230-CAPRI-20180709 04/09/201801310-STR-20180706 12/30/2014
Alcohol use concerns are documented by positive AUDIT-C screens and counseling.
SC / Active rating
This is not separately service connected.
Action needed: consider only if a clinician links alcohol misuse as
secondary to PTSD for treatment context or as evidence of psychiatric
severity; generally not a standalone compensation issue without careful
legal/medical framing.
Left elbow tennis elbow was treated conservatively in 2019 and is unrelated to the current appeal stream.
SC / Active rating
Action needed: none unless the Veteran wishes to file a new claim and there is service nexus evidence.
SourcesAutomatedDecisionLetter 09/01/2023AutomatedDecisionLetter 11/04/2022AutomatedDecisionLetter 10/19/2022AutomatedDecisionLetter 08/23/2018