Knee decisions — 2022

The Board denied requests for effective dates prior to November 30, 2009, for service connection and TDIU.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran withdrew their appeals regarding service connection for acquired psychiatric disorder, coronary artery disease, hypertension, right knee disability, and right wrist disability. The Board dismissed the appeal due to withdrawal.

The Veteran's service-connected disabilities, including his acquired psychiatric disorder, bilateral flat feet, and right knee disability, have precluded him from securing or following substantially gainful occupation since September 17, 2019. A total disability rating based on individual unemployability (TDIU) is granted for this period.

The Veteran withdrew the appeals for left and right knee strain, so these issues are dismissed.

The Veteran's right ankle sprain, tinnitus, and bilateral hearing loss are all granted. However, the Board has determined that additional evidence is needed for service connection on issues related to gastroesophageal reflux disease (GERD), headaches, left knee disorder, left thumb scar, and joint pain.

The Veteran's service connection claim for diabetes mellitus type II (DM) is granted due to presumed exposure to herbicides. Claims for low back disability, left knee disability, and right knee disability are denied.

The Veteran's claims for service connection have been remanded due to the need for further development and examination.

The Veteran's service-connected conditions do not meet the criteria for a higher level of SMC based on need for aid and attendance, as he is already receiving SMC at the (l) rate.

The Board has determined that the Veteran's right knee disability was incurred during service and is not related to his service-connected left knee disability. Service connection for a right knee disability is granted.

The Board has determined that the Veteran's appeals for earlier effective dates are denied due to untimely filing of his substantive appeal.,The Board also found that there is no evidence showing an increase in disability within one year prior to September 24, 2004, and thus, no earlier effective date can be granted for increased ratings of the bilateral knee disabilities.

The Veteran's claim for a higher rating for his lumbar spine disability was denied as the evidence did not show forward flexion of the thoracolumbar spine at 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or intervertebral disc syndrome (IVDS) with incapacitating episodes.,The Veteran's claim for a higher rating for his right knee disability was denied as there is no evidence showing flexion limited to 15 degrees.

The Veteran's right knee instability is now rated at 30 percent effective May 1, 2018. Prior to that date, the disability was not compensable.

The Veteran's authorized representative withdrew the issue of entitlement to a temporary total evaluation for a service-connected right knee disability, leading to its dismissal.

The Board has remanded the Veteran's claims for entitlement to service connection for a right knee disability and hypertension due to incomplete development of records, including from his private orthopedist and primary care providers. The VA examiner is requested to provide an opinion on whether obesity caused by service-connected left knee disability could be a substantial factor in causing the current right knee disability.

The Board has granted service connection for the Veteran's right and left knee disabilities, finding that these conditions are caused by his service-connected bilateral lower extremity disabilities.

The Veteran's service-connected disabilities, including left knee fusion and hip conditions, prevented him from securing or following a substantially gainful occupation prior to February 2, 2015.

The Board has denied service connection for a right ankle disability and a left knee disability, including as secondary to the right ankle disability. The evidence does not support a finding that these disabilities are related to service.

The Veteran's claims for higher ratings for his service-connected back, knee, and ankle disabilities are being remanded due to the need for additional examinations addressing the nature and severity of these conditions.

The Board has remanded the Veteran's claims for further development due to outstanding VA and private treatment records, as well as examinations.