Knee decisions — 2023

The Veteran's claims for service connection and increased ratings have been dismissed. The issues of TDIU, severance of service connection for residuals of a TBI and headache disorder, reduction of rating for acquired psychiatric disorder, and remand for additional determinations on various conditions have been addressed.

The Board has decided to remand the claims for service connection for bilateral knee disabilities due to duty-to-assist errors and insufficient opinions regarding the etiology of the Veteran's knee conditions.

The Board has remanded the Veteran's claims for service connection for bilateral knee disabilities due to inadequate examination and failure to consider lay statements regarding symptom onset.

The appeal regarding the timeliness of a substantive appeal filed in response to the July 2015 rating decision was dismissed as the Veteran and his attorney did not submit a new VA Form 10182 as instructed.

The Board is remanding the case to determine if the Veteran had a service-connected disability at the time of discharge, which would have justified her discharge.

The Veteran's new and relevant evidence, including testimony during his September 2023 Board Hearing, supports the current diagnosis and nexus elements of his service connection claim for a right knee disorder. The appeal is remanded to readjudicate the claim on the merits.

The Veteran's left knee disability is currently rated at 10 percent for limitation of flexion and 10 percent for limitation of extension prior to October 20, 2022. The appeal for higher ratings has been denied.

The Board has remanded the claims for service connection due to missing or presumed destroyed service treatment records and inadequate VA opinions. The Veteran's in-service incident is also being investigated.

The Board has found that there may be outstanding VA treatment records from the Veteran's service period and remanded for their retrieval to make a fully-informed decision on his claims.

The Board has granted the Veteran's claim for service connection for left knee degenerative arthritis and limitation of flexion, finding that there is a continuity of symptoms since service.

The Veteran's service-connected disabilities, including major depressive disorder, tinnitus, and bilateral knee internal derangement, render him unable to obtain or maintain substantially gainful employment. The Board granted the TDIU claim based on this finding.

The Veteran's claims for hypertension, cysts, acne, and coronary artery disease have been granted. The claim for degenerative arthritis (left knee osteoarthritis) is remanded due to a duty to assist error.

The Board has decided to remand the Veteran's claims of service connection for an intestinal condition and right knee disability due to inadequate medical opinions in the April 2019 VA examinations. The Veteran will need new VA medical opinions regarding the etiology of his claimed disabilities.

The Board has remanded several claims for increased ratings due to deficiencies in the VA examinations conducted in November 2018. The Veteran's thoracolumbar spine, cervical spine, and bilateral knee disabilities are being examined again to determine their current severity.

The Veteran's right knee disability is granted as service-connected due to aggravation by his left knee injury. The increased rating claim for the left knee replacement remains pending and will be remanded.

The Board has granted service connection for tinnitus and left knee degenerative arthritis as secondary to the Veteran's service-connected disabilities.

The Veteran's tinnitus is granted as service-connected.,Service connection for the lumbar spine disability, left shoulder disability, cervical spine disability, left knee disability, and right ankle disability is denied.

The Board has remanded the Veteran's claims for service connection for various lower extremity and neck disorders due to a lack of medical opinions addressing whether these conditions are proximately due or aggravated by his service-connected right knee disorder.

The Board has granted service connection for right knee disability and lumbar disability, secondary to the service-connected right knee disability. The Veteran's conditions are related to an in-service assault.

The Board has determined that the Veteran's right knee, left thigh, and right ankle disabilities are not service-connected as they were not incurred or aggravated by his military service.