Knee decisions — 2022

The Veteran's earlier effective date claims for left knee status post revision arthroplasty, right hip strain, and right hip arthritis are denied as the increases in disability were not factually ascertainable prior to August 15, 2022.

The Board dismissed the appeal for service connection of a left knee disability and granted restoration of the right knee rating to 20% effective July 1, 2021. The decision also found that the reduction from 20% to 10% was improper.

The Veteran's eligibility for Dependents' Educational Assistance (DEA) based on permanent and total disability status under 38 U.S.C. Chapter 35 is granted as of May 8, 2018.

The Veteran's bilateral knee disabilities, including instability and degenerative arthritis, are rated at 20 percent each since June 8, 2022. Separate ratings of 20 percent for instability of the left and right knees have also been granted.

The Veteran's right knee disability was evaluated at a 30 percent rating, and the Board found that it did not warrant an increase to any higher rating.

The Veteran's claim for service connection for a back disability is granted. The claims of service connection for right knee, bilateral hips, and bilateral shoulders disorders are remanded.

The Veteran's claims for service connection for right hip injury residuals, left hip injury residuals, a right knee disability, and a left knee disability are dismissed. The Veteran's claim for service connection for diabetes mellitus, type II is granted. The Board remands the issue of service connection for erectile dysfunction (ED) as secondary to DMII.

The Board has remanded the claims for left shoulder, right foot, and left knee disabilities due to inadequate VA opinions regarding their etiology.

The Veteran's left knee disability, prior to March 17, 2020, is rated at 30 percent. From March 17, 2020 onwards, the Veteran is rated at 60 percent for his total knee replacement and granted a separate 10 percent rating for left knee instability.

The Board has remanded the claims for service connection for bilateral ankle, low back, and bilateral knee disabilities due to conflicting opinions from VA examiners regarding direct and secondary service connection. Additional medical records are needed to support or refute these claims.

The Board has determined that the Veteran's claimed disabilities are not related to his military service, and thus denied all claims for service connection.

The Veteran's claims of entitlement to increased ratings and temporary total evaluations for his service-connected right knee disability are being remanded due to improper filing of the Notice of Disagreement (NOD).

The Veteran's appeals for increased ratings for left knee and left ankle disabilities have been dismissed due to his death. The Board has no jurisdiction to adjudicate these claims as the appeal is not about service connection, but rather a request for higher disability ratings.

The Veteran withdrew his appeals to reopen the previously denied claims for service connection for sleep apnea and for service connection claims for low back pain, left knee patellofemoral syndrome, and tinnitus.

The Veteran's hypertension claim is denied as there is no evidence of diastolic pressure predominantly 100 mm/Hg or more, systolic pressure predominantly 160 mm/Hg or more, or a history of diastolic pressure predominantly 100 mm/Hg or more requiring continuous medication for control.,The Veteran's knee disabilities and radiculopathy claims are remanded as the effective date prior to November 28, 2014, is not established in the record.,The Veteran's hypothyroidism claim is remanded as there is no evidence of a compensable rating for PSVT.,The Veteran's cervical spine and thoracic/lumbar spine claims are remanded as there is no evidence of entitlement to an increased rating.

The Veteran's right knee strain with degenerative arthritis is rated at 10 percent, and a separate rating of 10 percent for right knee instability is granted.

The Veteran's service-connected left knee disabilities do not meet the criteria for TDIU from January 20, 2009 to March 23, 2010. The Board found that his education and skills did not support a finding of inability to secure or follow substantially gainful employment.

The Veteran's allergic rhinitis is not shown to meet the criteria for a compensable rating.,For his lumbar spine strain with degenerative disc disease, the evidence does not support an increased rating prior to February 28, 2022. However, from that date forward, he is entitled to a 20 percent rating.,The Veteran's left knee disability warrants a 10 percent rating from January 1, 2015, to December 15, 2017. From December 15, 2017, his right and left knee instability each warrant a separate 10 percent rating.,The Veteran's left knee instability is not shown to meet the criteria for an increased rating from December 15, 2017.

The Board dismissed all the issues related to the Veteran's claims, including those for shortening of bone length, right lower extremity; status post repair right patellar tendon with traumatic arthritis; and a right knee scar. The appeals were also dismissed regarding service connection for degenerative joint disease, right hip, and diabetes mellitus, type II.

The Board denied the Veteran's claims for service connection for right knee, right ankle, and left ankle disabilities due to lack of evidence showing a relationship between these conditions and service or any service-connected disability.