Knee decisions — 2023

The Veteran's low back disability is granted as service-connected.,The Veteran's foot fungus is granted as service-connected.,The Veteran's depression claim is denied.,The Veteran's right knee disability is granted as service-connected.

The Board restored a 10 percent rating for the Veteran's service-connected right knee degenerative arthritis status post meniscectomy, effective January 1, 2019.

The Board has found that remand is required due to a pre-decisional duty to assist error, and the Veteran's left knee disability and associated scar need further examination.

The Board has granted the Veteran's claim for service connection for OSA as secondary to his service-connected right knee strain and left ankle DJD, finding that the weight gain resulting from these conditions is an intermediate step between the service-connected disabilities and the development of OSA.

The Board has determined that new and relevant evidence has been received regarding the Veteran's claims of service connection for a left foot disability, right foot disability, right knee disability, and low back disability. The claims are being remanded to correct duty to assist errors prior to the December 2019 rating decision.

The Veteran's claims for service connection and a higher rating for his right knee disability have been dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate these matters at this time.

The Board has decided to remand the claims for left knee sprain, right knee sprain, bilateral tinea pedis (athlete's foot), and pseudofolliculitis barbae due to a pre-decisional error in obtaining VA treatment records from 2014-2016.

The Veteran's claim for increased ratings for his service-connected left knee disability is being remanded due to the need for additional development, including obtaining a retrospective opinion from an appropriate clinician.

The Veteran's request for a compensable rating for his right fifth finger fracture is denied. The cases of left ankle Achilles tendonitis, right ankle Achilles tendonitis, and left knee osteoarthritis are remanded due to the need for further examination.

The Veteran's claim for a disability rating in excess of 20 percent for his right shoulder dislocation post avulsion fracture associated with right knee meniscus and ACL tear repair prior to August 31, 2023 is denied.,The Veteran's claim for a disability rating in excess of 40 percent for his right shoulder dislocation post avulsion fracture associated with right knee meniscus and ACL tear repair from August 31, 2023 onward is denied.

The Veteran's right knee disability is presumed related to service because pain and injury residuals are shown as chronic nine months post-service and manifested to a compensable degree within a presumptive period following separation from service. The Board finds that all elements of service connection have been met.

The Board has remanded the Veteran's claims due to concerns about the competency of the VA examiner and the need for a proper presumption of soundness analysis. The Veteran was found not to have had a pre-existing knee disability at entry into service, but he does have current diagnoses related to his knees.

The Board has remanded the case for a new VA examination to determine the current level of disability for left hip, left knee, and right knee disabilities. The Veteran's claims for service connection are not granted earlier than August 9, 2017.

The Veteran's service connection for PTSD is granted, and his headaches are not rated compensably. The bilateral knee disorder, left hip tenosynovitis with limitation of extension, left hip tenosynovitis with limited flexion, left hip tenosynovitis with painful motion, unspecified anxiety disorder, and TDIU issues have been remanded for further review.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and incomplete evidence. The issues include lung conditions, skin conditions, sleep apnea, sinus/nasal condition, bilateral hearing loss, right knee condition, left knee condition, and bilateral foot condition.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 8, 2016. The evidence does not show that the Veteran was unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's appeal is remanded for further evaluation of his service-connected conditions, including bilateral hearing loss and plantar fasciitis. The issues include increased ratings for PTSD, right shoulder impingement syndrome, lumbar strain, right knee patellofemoral syndrome, and left knee patellofemoral syndrome.

The Veteran's adjustment disorder with mixed anxiety and depressed mood to include traumatic brain injury was granted an initial rating of 70 percent. The Veteran's primary headaches were denied a compensable rating.

The Veteran's claims for increased ratings for his bilateral knee disabilities and bilateral lower extremity radiculopathy are being remanded due to the need for additional development, including new VA examinations.

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