Knee decisions — 2022

The Veteran's service-connected right knee and left knee disabilities do not prevent him from securing and maintaining substantially gainful employment, as he is currently employed full-time in information technology.

The Veteran's pes planus is granted as service-connected due to aggravation during service. The left knee disability, right hamstring and right calf disabilities are denied as not related to service or service-connected conditions.

The Board has granted service connection for bilateral knee disorders, finding that the evidence is at least in equipoise as to whether the Veteran's knee disabilities were incurred during a period of active duty for training (ACDUTRA).

The Board has remanded the Veteran's claims for service connection for right knee and low back disabilities due to inadequate medical opinions in prior decisions. The claims are now pending again with the VA.

The Veteran's left knee DJD was denied a rating in excess of 10 percent prior to September 10, 2021. A rating of 10 percent for symptomatic removal of left knee semilunar cartilage beginning September 10, 2021, and a rating of 20 percent for left knee DJD beginning September 10, 2021, were granted.

The Veteran's claims for increased ratings for his service-connected degenerative arthritis of the lumbar spine and left knee chondromalacia with degenerative arthritis are being remanded due to insufficient medical evidence. A retrospective opinion is needed to determine the severity of these conditions throughout the period on appeal.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation (SMC) based on aid and attendance/housebound status due to her ability to perform many activities of daily living with assistance when needed.

The Veteran's service-connected disabilities, including chronic sinusitis, psychiatric disability, low back disability, right knee disability, and tinnitus, do not render him incapable of securing or following substantially gainful employment prior to July 3, 2017. The Board found that the evidence does not support an exceptional situation preventing gainful employment due to his service-connected conditions.

The Board has remanded the claims for service connection for bilateral flat feet, left ankle disability (secondary to bilateral flat feet), and left knee disability (secondary to bilateral flat feet) due to incomplete compliance with previous remand directives regarding the Veteran's pre-existing pes planus.

The Veteran's appeals for increased ratings were dismissed due to his death.

The Board has remanded the cases due to an error in not discussing certain evidence regarding knee problems since service. The Veteran needs to provide medical records and a new opinion is needed to determine if his knee disabilities are related to service.

The Board has remanded the issues of entitlement to service connection for chronic fatigue syndrome, initial evaluation in excess of 10 percent disabling for right knee tendonitis, and initial evaluation in excess of 10 percent disabling for left knee tendonitis.

The Veteran's appeal for an initial disability rating in excess of 10 percent for tinnitus has been denied as the maximum schedular rating is already assigned.,Service connection for a right knee disability and left knee disability remains remanded due to insufficient medical opinions regarding their etiology.,Service connection for degenerative disc disease (DDD) of the cervical spine remains remanded due to an inadequate examination report.,The Veteran's esophagus disability, including Barrett's esophagus and GERD, is presumed based on his exposure to herbicide agents while stationed at Nakhon Phanom RTAFB in Thailand.,Service connection for the esophagus disability remains remanded due to insufficient medical opinions regarding its etiology.

The Veteran's death was not due to his own willful misconduct and he had a service-connected disability rated totally disabling at the time of his death. However, he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he was not in receipt of or entitled to receive compensation for service-connected disability rated totally disabling continuously for at least 10 years prior to his death.,The Veteran's cause of death was recorded as myocardial infarction and coronary artery disease, with multi-infarct dementia noted as a significant condition contributing to the death. The appellant contends that the Veteran's service-connected disabilities caused or contributed substantially to his death.

The Board has remanded the Veteran's claims for increased ratings for her right knee disorder due to inadequate medical opinions in a previous VA examination and other procedural issues.

The Board denied service connection for left knee disability, right knee disability, sinusitis, left lower extremity shin splint, and right lower extremity shin splint as new and material evidence had not been received to reopen the claims.

The Veteran's claim for a higher initial rating for her stress fracture of tibia, left leg (claimed as left knee) is being remanded due to the inadequacy of the November 2020 VA examination. The Veteran needs an updated VA examination to assess the current nature and severity of her disability.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions. The issues include PTSD, left shoulder disorder, left knee disorder, back disorder, and cervical spine disorder.

The Veteran's service-connected disabilities, including depressive disorder, left knee limitation of extension, right ankle arthritis, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation since August 29, 2016. The Board has granted a TDIU effective from that date.

The Veteran's lumbar and cervical spine disabilities, bilateral lower extremity radiculopathy, left upper and right upper extremity peripheral neuropathies, as well as his left and right knee disabilities have been granted initial ratings. The TDIU has also been granted.