Knee decisions — 2022

The Board has determined that the Veteran's January 13, 2017 VA Form 9 was timely filed and reinstated the appeal of his service connection claims for degenerative disc disease of the lumbar spine and bilateral knee arthritis.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has denied the Veteran's claims for service connection for back, right knee, and left knee disabilities due to lack of evidence linking these conditions to her active military service.

The Board has remanded the case due to new evidence and a need to consider the WRIISC Assessment Note, dated March 27, 2012. The claim for service connection for a left knee disability will be reconsidered with all relevant evidence since the May 2019 Statement of the Case.

The Veteran's acquired mental disorder is granted service connection. Service connection for left ankle and right knee disabilities are denied, while left knee disability is remanded.

The Board has granted service connection for a right knee disability, including osteoarthritis and meniscal tear, finding that the Veteran's statements of continuous symptoms since service are credible and resolving reasonable doubt in his favor.

The Veteran's right knee injury and symptomatic removal of the meniscus have been rated at 10 percent since December 22, 2014. The rating for limitation of motion has not met criteria for a higher rating during this period.

The Board has decided to remand four issues related to the Veteran's back disability, migraine headaches, left knee disability, and right knee disability due to outstanding VA treatment records.

The Veteran's initial compensable rating for narcolepsy (previously rated as syncope) is denied. The Veteran's left knee instability is granted at a 20 percent rating since February 7, 2021, with separate ratings for meniscal condition and limitation of flexion and extension.

The Board has determined that the Veteran's tinnitus had its onset in service and is granted. The issues of service connection for hearing loss, left knee disability, and a rating in excess of 10 percent for low back disability are remanded due to new evidence or further examination being necessary.

The Veteran's left knee disability was denied ratings in excess of the assigned levels for various periods, with some improvement noted but not sustained.

The Board has decided that the right knee disability is not related to service-connected conditions and requires further examination for a determination.

The Veteran's appeals for reopening claims of service connection for bilateral elbow and shoulder disabilities were dismissed due to the Veteran's withdrawal.,New and material evidence was received for several conditions, including tinnitus, lumbar spine disability, right knee and left knee disabilities, right hip and left hip disabilities, right ankle and left ankle disabilities, residual burns of the right leg, and residuals of a right hand/finger disability. Service connection is granted for these conditions.

The Board has remanded several issues on appeal, including service connection claims for right knee strain and a neurological disorder of the left lower extremity (presumed to be radiculopathy), as well as eligibility for specially adapted housing and special home adaptation. The remaining issues are also being remanded due to inextricable ties with these claims.

The Veteran's right knee disability, rated as 10 percent disabling for limitation of flexion, has not met the criteria for a higher rating based on additional functional loss or other factors.

The appeal to reconsider the claim of service connection for a dental condition is granted. The appeals for service connection for chronic fatigue syndrome and a rating in excess of 50 percent for obstructive sleep apnea are dismissed. The claims for service connection for anxiety, shortness of breath, gastrointestinal disorder, low back disability, right shoulder disability, left knee disability, and right knee disability are remanded.

The Board has remanded the Veteran's claims for left knee, left shoulder, and GERD conditions due to inadequate VA examinations in previous years. The case is now being sent back for new evaluations.

The Board has remanded the case for a VA examination to determine if the Veteran's back condition, including back pain, is related to her active military service.

The appeal for service connection of the right knee disability is dismissed due to the appellant's death. The appeal seeking compensation under 38 U.S.C. § 1151 is also dismissed.

The Veteran's left knee disability is rated at 10 percent, and the right knee disability is rated at 10 percent. The issue of a higher rating for left knee instability has been granted.,The Veteran's right knee instability is rated at 20 percent.