Knee decisions — 2022

The Veteran's death was not due to his own willful misconduct, and he had service-connected disabilities rated as totally disabling for a continuous period of at least one year immediately preceding death. However, the Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318 because he was not evaluated by VA as totally disabled for a continuous period of at least 10 years immediately preceding his death.

The Board has remanded the Veteran's claims for service connection for various disabilities, including eczema, right and left knee disabilities, and a lumbar spine disability. The reasons include obtaining authorization to retrieve private treatment records and obtain adequate medical opinions on the nature and etiology of these conditions.

The Board has remanded the cases for further development and to obtain an addendum VA opinion regarding the appellant's bilateral hearing loss. The left knee disability claim is also being remanded.

The Veteran's knee disabilities are rated based on their current functional limitations, with the highest rating of 30% granted for left knee degenerative joint disease and limitation of extension. The other issues have been denied or not addressed as they do not meet the criteria for higher ratings.

The Board has determined that the Veteran's right knee degenerative joint disease is not service-connected as it did not manifest within one year of separation from active duty and there is no evidence linking his current condition to an in-service injury or disease.

The claim for service connection for a neck condition is remanded. The claims for PTSD, right knee condition, and left knee condition are also remanded.

The Board has determined that the Veteran's claimed left knee, left foot, right foot and low back disabilities are not service-connected as they do not have a direct link to his military service.

The Veteran's appeals for higher ratings on his service-connected knee disabilities have been denied. The Board found that the current evaluations are appropriate and do not warrant additional compensation.

The Board has remanded the case due to a lack of dose estimate for radiation exposure and further clarification needed regarding what constitutes a '7 High' incident. The Veteran's attorney requested copies of VA medical opinions obtained since 2019, which should be provided on remand.

The Board has remanded the claims for left knee degenerative arthritis and total disability due to individual unemployability, as they were not substantially complied with the previous remand directives.

The Veteran's unemployability due to his service-connected PTSD and other disabilities has been recognized, leading to the grant of special monthly compensation under 38 U.S.C. § 1114 (s)(1).

The Board has decided to remand the Veteran's claims of service connection for various conditions, including right shoulder osteoarthritis, left shoulder condition, left knee condition, and low back condition. The decision also requires obtaining SSA records and VA treatment records.

The Board has decided to remand the Veteran's claims for service connection for a left knee disorder and right inguinal hernia with scar due to incomplete STRs, lack of verification of duty status during relevant periods, and need for additional medical opinions.

The Veteran withdrew his appeals regarding the claims of entitlement to service connection for right knee disability, left knee disability, hypertension, an initial rating higher than 10 percent for bilateral eye disability prior to September 13, 2017, and a rating higher than 30 percent for bilateral eye disability from September 13, 2017.

The Veteran's service-connected disabilities, including degenerative arthritis of the right knee and bilateral hearing loss, prevented him from securing or following any substantially gainful occupation effective November 3, 2020.

The Veteran's appeal is remanded for additional examinations and opinions to determine the current severity of his service-connected back, lower extremity radiculopathies, shin splints, and knee disabilities. The claim for GERD is also remanded for an addendum opinion.

The Veteran's asthma was not productive of specific pulmonary function test results warranting a higher rating prior to November 21, 2019. A 60 percent rating is granted from that date.,Service connection for fatigue, joint pain, and sleep disturbances (manifested as chronic fatigue syndrome) and left knee disability are remanded due to inadequate examination findings.

The Board has remanded the Veteran's claims for left shoulder and left knee degenerative arthritis due to inadequate examination reports, particularly regarding whether the diagnoses are consistent with service-connected conditions and if there is ankylosis or functional ankylosis.

The Board has remanded the Veteran's claims for service connection for PTSD, TBI, a back disorder, a right knee disorder, degenerative osteoarthritis of the left knee, PFB, and bilateral foot skin disorder due to insufficient evidence in the record.

The Board has remanded the Veteran's claims of service connection for left and right knee disabilities due to further development being necessary.