Knee decisions — 2022

The Board has determined that the September 2014 rating decision is not final and the Veteran's claims have been on appeal since then. The Board finds that a remand is warranted for addendum VA opinions to address whether the Veteran's bilateral hearing loss is secondary to his service-connected traumatic brain injury (TBI) and/or tinnitus, as well as an addendum VA opinion to address whether the Veteran's right and left knee osteoarthritis are related to his in-service jeep accident. The AOJ should also attempt to obtain any outstanding private treatment records.

The Board denied service connection for a right knee disorder and headaches as there is no current diagnosis of these conditions, and the Veteran did not provide evidence that they are related to her military service.

The Board denied service connection for right knee strain, finding that the Veteran's current right knee disorder is not related to his service or a service-connected disability.

The Board has denied service connection for left shoulder and right knee disabilities, finding that there is no evidence of a nexus between the current disabilities and active duty service.,Further development is needed to determine if any other conditions are related to service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected left knee condition causes or aggravates his right knee disorder. A new VA examination is needed.

The Veteran's claims for increased ratings for right knee conditions have been denied. The Board found that the current disability ratings adequately reflect the severity of the Veteran's symptoms and limitations.

The Board has remanded the case due to inadequate examination reports and new evidence, requiring a new VA examination to assess the severity of the Veteran's left knee disability.

The Board has determined that the AOJ needs to obtain and associate with the file all records associated with the Veteran's participation in VA's Vocational Rehabilitation and Education (VR&E) program, provide him appropriate VA examinations to determine the nature and etiology of his bilateral hearing loss and knee disabilities, and to discern the level of functional impairment resulting from his service-connected psychiatric disabilities. The AOJ is also required to readjudicate the Veteran's appealed issues in light of the totality of evidence of record.

The Veteran's appeal for service connection for a right knee disability, bilateral hearing loss, tinnitus, and an acquired psychiatric disorder (PTSD and adjustment disorder with mixed anxiety and depressed mood) has been dismissed. The Board found that the Veteran withdrew his appeals regarding these issues at his July 2022 Board hearing.

The Veteran's claims for increased ratings for his left and right knee conditions, thoracolumbar spine degenerative arthritis, cervical spine degenerative arthritis, radiculopathy of the upper and lower extremities have been denied. The Veteran's neck disability has also been remanded.

The Veteran's left knee disability, including degenerative arthritis and a history of partial meniscectomy, is currently rated at 10 percent. The Board found that the current rating adequately reflects the severity of his condition.

The Veteran's left knee post arthroscopy post total knee replacement is granted a 60 percent disability rating effective October 7, 2011.,Service connection for the right knee condition secondary to service-connected left knee condition is granted.

The Veteran's petition to reopen his claim for service connection of PTSD was granted. The issues of entitlement to increased disability ratings for headaches, left shoulder DJD and tendonitis, osteoarthritis and chondromalacia of the left knee, and osteoarthritis and chondromalacia of the right knee are remanded due to incomplete records and need for further examination.

The Veteran's left knee medial meniscus and anterior cruciate ligament status post partial meniscectomy is rated at 10 percent, with a separate rating of 10 percent for left knee instability.

The Veteran's application to reopen a claim of entitlement to service connection for a psychiatric disability has been granted. Service connection is also granted for tinnitus, but the claims for hearing loss, headache disability, COPD, eye disability, prostate disability, erectile dysfunction, skin disability, stomach disability, arthritis, bilateral foot disability, left hip disability, right hip disability, left knee disability, right knee disability, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy are remanded for further development.

The Board has remanded the cases for further development due to inadequate reasons and bases for denial, as well as reliance on insufficient VA examinations. The Veteran's left ankle and left knee conditions are still under review.

The Board has remanded the case due to non-compliance with previous directives and inadequate examinations for knee disabilities. The Veteran's service-connected knee conditions are being reviewed, including determining their current severity and providing a retrospective medical opinion on historical severity.

The Board has remanded the cases for additional development due to inadequate medical opinions regarding service connection for a right knee disability and chronic fatigue syndrome.

The Veteran's claim for SMC based on the need for aid and attendance was denied as he did not meet the criteria for such benefits due to his service-connected disabilities. The Board found that the Veteran did not have anatomical loss or use of both feet, nor was he blind in both eyes, permanently bedridden, or so helpless as to be in need of regular aid and assistance from another person.

The Veteran's appeals for service connection and increased ratings have been dismissed due to his withdrawal of the appeal.