Knee decisions — 2022

The Veteran withdrew her appeals on multiple issues, including service connection and increased rating claims. The Board dismissed the appeal due to these withdrawals.

The Board has remanded the cases for additional development and examination, as the Veteran's lay statements regarding his symptoms in service are not adequately addressed by the November 2015 VA examiners.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from June 1, 2015 until January 5, 2017.

The Board dismissed the Veteran's appeals for increased disability evaluations for his left and right knee, left elbow, and headache disabilities as he withdrew these claims during a hearing. The claim for an earlier effective date for a 20% evaluation for left lower extremity radiculopathy was denied because there is no evidence of a factually ascertainable increase in the condition within one year prior to the scheduled examination.

The Veteran's claims for service connection for various conditions, including undiagnosed illness or medically unexplained chronic multisymptom illness (claimed as 'Gulf War Syndrome'), TMJ, thoracolumbar spine disability, bilateral knee and hip disabilities, bilateral foot disabilities, lung disability, stomach disability, psychiatric disability, and erectile dysfunction have been denied. The claims are not supported by the evidence of record.

The Board denied service connection for facial pain, bilateral knee disability, visual impairment, hypertension, diabetes mellitus type II (DM2), PTSD, and bilateral hearing loss.,Service connection was not granted for any of the conditions listed.

The Board dismissed the appeal because the Veteran died during the pendency of the appeal and there is no jurisdiction to adjudicate the merits.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded due to the need for an examination to assess his functional limitations caused by service-connected disabilities.

The Board has remanded the claims for service connection for left knee, right knee, and low back disabilities due to deficiencies in the VA examinations. The Veteran's TDIU claim prior to November 2, 2021 is deferred as it may be impacted by the adjudication of the other claims.

The Veteran's appeals for various conditions and benefits have been dismissed due to his withdrawal of all remaining claims.

The Veteran's death is not considered service-connected, and the Board has ordered a remand for further analysis of his cause of death. The DIC claim under 38 U.S.C. § 1318 was denied as the Veteran did not meet the criteria for receiving benefits due to lack of continuous total disability rating prior to death.

The Board has denied DIC benefits under 38 U.S.C. § 1318 due to the Veteran not meeting the criteria for total disability rating for at least ten years prior to his death. The cause of death is remanded as there is insufficient evidence regarding whether the Veteran's service-connected conditions contributed to his death or were otherwise related to his military service.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's appeals for increased ratings on his service-connected left knee arthritis, degenerative disc disease C5/C6, and status post spinal fusion at L4/L5 have been dismissed as the Veteran withdrew all remaining issues associated with the appeal.

The Board has decided to remand the case due to potential missing VA treatment records and an inadequate examination. The Veteran's left knee condition is being reviewed again for service connection.

The Veteran's appeal is being remanded for additional examination and opinion regarding his claims of service connection for an acquired psychiatric disorder and total disability rating based on individual unemployability prior to August 31, 2020.

The Board has decided to remand the Veteran's claims for service connection of left shoulder, right knee, and left knee disabilities due to new evidence added since the last SSOC.

The Board has remanded the claims for a lumbar spine disability, left knee disability, and right knee disability due to insufficient examination reports that do not consider the Veteran's reported flare-ups of his back and knees. The examinations must include information on the frequency, duration, characteristics, severity, and functional loss during flare-ups.

The Veteran's DJD of the right and left knees are rated at 10 percent each, with separate ratings for lateral instability granted. A 20 percent rating is granted for lateral instability of the left knee since November 30, 2021.

The Veteran's tinnitus is granted service connection as it is related to in-service noise exposure. The initial disability rating for the left knee patellofemoral syndrome remains at 10 percent, with no change.