Knee decisions — 2023

The Veteran's claims for increased ratings for his left and right knee disabilities have been denied. The Board found that the evidence did not support a higher rating based on limitation of motion or instability.

The Veteran's appeals for increased ratings on four service-connected conditions have been dismissed. The Board has also remanded the claim of entitlement to service connection for obstructive sleep apnea.

The Board has determined that a more contemporaneous examination is needed to evaluate the Veteran's service-connected right total knee replacement. The appeal will be remanded for this purpose.

The Veteran's appeal is remanded for additional examinations and records to determine the current severity of his left knee disability, including any meniscus condition. The effective date for service connection remains September 25, 2015.

The Board has remanded the cases for further development to determine if the Veteran's right knee and left foot disorders are caused or aggravated by his service-connected left knee strain with osteoarthritis and lumbosacral strain, considering potential biomechanical effects.

The Board has determined that additional development is necessary prior to appellate dispostion due to the inadequacy of the September 2018 VA examination for assessing the current severity of the Veteran's bilateral knee disabilities. The case is REMANDED for further evaluation.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for above the right knee amputation and increased ratings for his back disability are denied.

The Veteran's right knee disability and asthma are granted service connection. The Board has found the evidence persuasive that these conditions are related to his active duty service, but the claims for sleep apnea and cysts and boils (claimed as due to anthrax vaccine) need further development.

The Veteran's claims for service connection for right big toe pain and bilateral hip pain are dismissed. The Board has remanded the issues of increased ratings for cervical spine degenerative disc disease, Lyme disease residuals with right elbow arthralgia, limitation of flexion prior to November 4, 2021, Lyme disease residuals with left elbow arthralgia, pronation/supination, and left knee degenerative joint disease with residual Lyme disease arthralgia (limitation of flexion).

The Board has dismissed the Veteran's claims for service connection for a right eye disability and total disability rating based on individual unemployability (TDIU). The Veteran's claim for service connection for a knee disability is remanded, as are his claims for service connection for a chest/congestion disability due to asbestos exposure. The PACT Act requires VA to obtain a medical opinion regarding the etiology of these disabilities.

The Board has granted the Veteran's claim of service connection for a right knee disorder, finding that it is related to his service-connected left knee disability.

The Board has granted the petitions to reopen the appeals for service connection for lumbar spine disability, right ankle disability, right knee disability, and left knee disability. The appeal for service connection for dizziness is remanded.

The Board has determined that the veteran's right and left knee strains are related to service, granting their claims for service connection.

The Veteran's claim for SMC based on aid and attendance was denied because the evidence did not show that he required regular aid and assistance due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his knee and neurological disabilities, as well as endometriosis. The Veteran is required to undergo VA examinations to determine these issues.

The Veteran's tinnitus and sleep apnea are granted as service connected. The remaining issues of right shoulder, low back, neck, left knee, costochondritis, and residuals of a traumatic brain injury (TBI) are remanded for further development.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities because of insufficient reasons and bases in addressing referral of the issue of TDIU on an extraschedular basis.

The Board has denied the Veteran's claim for service connection for a back condition, finding that there is no medical evidence linking his current back condition to his active duty service. The right and left knee conditions have been remanded due to insufficient medical opinions.

The Board has decided to remand the Veteran's claims for bilateral knee disabilities due to inadequate medical opinions regarding whether his preexisting knee conditions were aggravated by service. The VA examiner did not discuss in-service treatment records related to the Veteran's knees.

The Board has remanded the case for compliance with the terms of a joint motion to remand, including obtaining new VA examinations and considering functional loss during flare-ups.