Knee decisions — 2020

The Board has determined that the Veteran's right knee disorder is related to her active duty service and granted service connection for it.

The Board denied the Veteran's claims of service connection for right and left knee conditions due to lack of new and material evidence.

The Veteran's service-connected disabilities, including a right leg amputation below the knee, adjustment disorder, peripheral neuropathy of the left lower extremity, right leg scars, and back disability, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted TDIU based on these conditions.

The Board denied the Veteran's motion alleging clear and unmistakable error (CUE) in a March 2002 rating decision that assigned a 10 percent rating for his left knee disability. The Veteran argued that he should have received a higher rating under Diagnostic Code 5258, but the Board found no CUE as the adjudicator correctly applied the law and regulations.

The claims for service connection have been reopened due to the submission of new and material evidence. The right and left knee disorders are remanded, as is the claim for an acquired psychiatric disorder.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his active duty periods and the relationship between his current conditions and military service. The AOJ must verify the Veteran’s ACDUTRA and INACDUTRA dates, obtain addendum medical opinions, and schedule a VA examination.

The Board denied the Veteran's applications to reopen his claims of service connection for a left knee disorder and bilateral hearing loss, finding no new and material evidence to support these claims.

The Veteran's claims for service connection for a bladder disability, bilateral foot disability, and left knee disability have been reopened. The Board has determined that additional evidence is needed to substantiate these claims.

The Board has determined that the Veteran's claims for service connection for bilateral hip disability, low back disability, and bilateral knee disability are denied. The claims for sinusitis and sarcoidosis have been remanded to obtain additional medical opinions.

The Veteran's service-connected knee conditions and basal cell carcinoma excision have been rated appropriately, with no changes in ratings.

The Board has decided to remand the case due to insufficient evidence regarding whether a right knee disorder is related to service. The Veteran's pain alone cannot be considered a disability, and another VA examination is needed to determine if there is a current right knee disability and its relation to military service.

The Veteran's entitlement to nonservice-connected pension benefits was granted on May 14, 2018, and the Board found that this date is when his entitlement arose. Therefore, an earlier effective date than May 14, 2018, for these benefits is denied.

The Board has remanded the claims for service connection due to potential gaps in VA treatment records and the need for further medical examinations.

The Veteran's initial ratings for left and right knee chondromalacia patella with DJD were denied. The case was remanded multiple times, but the issues of service connection for a back condition and total disability rating based on individual unemployability due to service-connected disabilities remain unresolved.

The Veteran's service-connected disabilities, including PTSD, vertigo, knee instability, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on this finding.

The Board has determined that additional medical records are needed and a VA medical opinion is required to address the etiology of the Veteran's sleep apnea. The claims for service connection for various conditions are being remanded.

The Veteran's petition to reopen his claim for service connection of a bilateral knee disability was denied. The Board also remanded the Veteran's claim for service connection of prostatitis due to lack of new and material evidence.

The Veteran's claims for increased ratings for his left elbow and left knee disabilities were denied. The Board found that the evidence did not support a higher rating based on functional loss or limitation of motion, and concluded that the preponderance of the evidence was against granting any additional disability ratings.

The Board has decided to remand the cases of service connection for right and left knee disorders due to lack of substantial compliance with previous remand directives. The VA examiner's opinions did not consider the Veteran's lay reports of pain since service, which is a requirement.

The Board has remanded the cases for a new examination to determine the current severity of the Veteran's service-connected right and left knee disabilities, including during flare-ups or with repeated use over a period of time.