Knee decisions — 2022

The Board has reopened the claim of entitlement to nonservice-connected pension and granted it, finding that new and material evidence has been received. The appeal is remanded for further adjudication regarding the appropriate rate of pension based on the Veteran's income, medical expenses, net worth, and need for aid and attendance.

The Veteran's claims are being remanded to attempt to verify his service in Southwest Asia and obtain any missing personnel and medical records. The Board will then adjudicate the reopened claims based on the evidence received.

The Board has remanded the cases for further development and opinion regarding service connection, exposure basis, and rating assignment.

The Veteran's service-connected disabilities, including degenerative disc disease, lumbar radiculopathy of the sciatic nerve, osteoporosis right knee with degenerative arthritis, and degenerative arthritis of the left knee, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these service-connected disabilities.

The Board has determined that the Veteran's claims for increased ratings and a temporary total rating due to left knee surgery, as well as his TDIU claim prior to May 1, 2020, are inextricably intertwined with other issues on appeal. As such, these matters must be remanded for further development.

The Veteran's knee disabilities have been granted increased evaluations, with the left knee receiving a 20% evaluation for recurrent subluxation and traumatic arthritis from March 30, 2015 to June 29, 2022, and a 30% evaluation since July 6, 2022. The right knee received a 20% evaluation for recurrent subluxation from March 30, 2015, with the most recent increase in February 7, 2021.

The Board has determined that a remand is necessary due to the lack of an opinion regarding whether the Veteran's left knee disability had its onset in service or within one year of discharge, and whether it is etiologically related to his in-service injury. The right knee claim cannot be decided without addressing these issues.

The Board has determined that the Veteran's left hip osteoarthritis and left knee strain are not related to service or a service-connected condition.

Service connection for a right knee disability, claimed as secondary to the service-connected left knee disability is granted. Service connection for a right ankle disability and a left ankle disability, both claimed as secondary to the service-connected left knee disability, are remanded.

The Board has determined that a remand is necessary for the Veteran to undergo a new VA examination due to his worsening right knee disability and for further development of his TDIU claim.

The Board has determined that the Veteran does not have a current diagnosis of any of the claimed disabilities and therefore, service connection is denied for all issues on appeal.

The Veteran's claims for service connection have been remanded due to incomplete opinions and the need for additional development, including physical examinations.

The Board denied service connection for a back condition and remanded the issues of entitlement to a compensable disability rating for right ankle disability and service connection for right knee osteoarthritis.

The Veteran's claims for increased ratings and TDIU were granted, with specific disability ratings assigned. The left knee degenerative joint disease received a separate rating of 10 percent for limitation of flexion and another 30 percent for limitation of extension. For the right knee, prior to April 30, 2014, he was awarded a 10 percent rating for limitation of flexion and a 30 percent rating for limitation of extension. From June 1, 2015 onwards, his total right knee replacement received a 60 percent disability rating. The Veteran also received TDIU prior to October 28, 2010.

The Veteran's back strain, right and left lower extremity sciatic radiculopathy, and femoral radiculopathy have been remanded for further development.

The Board has remanded the case due to insufficient information regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDTRA). The right knee disability is being reviewed again with a new medical opinion.

The Board has granted a separate 30 percent rating for recurrent subluxation of the right knee effective July 19, 2022.

The Board has granted a TDIU on a schedular basis effective December 20, 2021. The issue of entitlement to a TDIU prior to that date is remanded due to the need for additional development.

The Veteran's claim for an effective date of June 18, 2012, but not earlier, for the grant of service connection for right upper extremity radiculopathy was granted. The claims for increased evaluations for left knee osteoarthritis and lower extremity radiculopathy were remanded.

The Board has remanded the Veteran's claims of service connection for a right knee disorder and entitlement to TDIU due to unresolved issues regarding the etiology of his right knee disorders. The case is returned for further development.