Knee decisions — 2023

The Veteran's claims for increased ratings and service connection were remanded due to duty-to-assist errors. The right eye disability claim is pending, while the other issues are on hold until further examination can be conducted.

The Board has determined that the Veteran's right knee disorder is related to his service-connected left knee disability, and thus remanded for further examination and opinion.

The Veteran's service-connected disabilities, including his low back condition and related radiculopathies, left shoulder strain, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined impact of these conditions.

The Veteran's right knee DJD was rated at 10 percent, and the claim for a higher rating is denied.,The Veteran's migraine headaches were not found to meet the criteria for a compensable disability rating.

The Veteran's claim for an increased rating for depressive disorder was denied, with the Board finding that his symptoms did not warrant a higher than 30 percent disability rating.,The Veteran's claim for service connection of a left knee condition secondary to a service-connected disability is remanded and will be evaluated based on new evidence provided by the VA examination.

The Board denied the petitions to readjudicate claims for service connection for various conditions, finding that new and relevant evidence had not been received.

The Veteran's claims for service connection are being remanded due to the need for additional VA treatment records.,The Veteran's claims for service connection are being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.,The Veteran's claim for service connection is being remanded due to the need for additional VA treatment records.

The Board dismissed the appeals for service connection and effective dates in the AMA system due to procedural defects. The issues remain pending in the legacy review system.

The Veteran's right knee disability is currently rated at 10 percent for limitation of flexion, but the claim for an evaluation in excess of 10 percent has been denied.,A 10 percent rating has been granted for instability of the right knee.

The Board denied the Veteran's claims for service connection for sleep apnea, left knee quadricep tendon rupture with arthritis, right knee quadriceps tear, and right ankle arthritis due to secondary service-connected conditions. The evidence did not support a finding of direct service connection or aggravation.

The Veteran's service connection claim for a right knee disorder is denied. A noncompensable rating for patellofemoral syndrome, left knee, is granted. The issue of entitlement to increased ratings and TDIU are addressed separately.

The Board has remanded several service connection claims due to insufficient evidence and the need for additional development. The Veteran's claims include left shoulder, cervical spine, ankle, knee, foot, thigh, and back conditions related to her military service.

The Veteran's left knee strain is not service-connected as there is no evidence of a current disability related to active duty. The VA finds the references in the medical records are inaccurate and that the Veteran does not have a current left knee disability.,For the right upper extremity nerve disability, the Veteran has moderate incomplete paralysis which warrants a 40 percent rating under Diagnostic Code 8513. For the left upper extremity nerve disability (previously rated as carpal tunnel syndrome), the Veteran has mild incomplete paralysis of both median nerves which warrants a 20 percent rating each.

The Veteran's claims for increased evaluation of left knee disability, service connection for right knee disorder secondary to his left knee disability, and TDIU are remanded due to inadequate examinations and new evidence.

The Veteran's claim for service connection for a bilateral knee disability, to include as secondary to his ankle disabilities, was denied because he failed to report for the scheduled VA examination. The Board found that without an examination, it could not establish entitlement based on the evidence of record.

The Board has remanded the claims of service connection for erectile dysfunction, bilateral eye disability, back disability, and left knee disability due to their relationship with service-connected conditions. The Veteran's failure to appear for VA examinations prevented a proper evaluation.

The Veteran's claim for increased ratings for left knee conditions was denied. Prior to January 9, 2018, a rating higher than 10 percent for left knee osteoarthritis limitation of flexion is denied. From March 1, 2019, a rating higher than 30 percent for status post left knee total arthroplasty is denied.

The Board has remanded the Veteran's claims for service connection for right thigh and right knee disabilities due to inadequate opinions regarding the causal relationship between her current disabilities and her service. The Veteran is required to provide authorization for VA to obtain private treatment records from Dr. Jones, and a new examination is needed to address the nexus of her current disabilities with her service.

The Board has remanded the Veteran's claims for service connection for left and right knee disabilities due to insufficient medical opinions regarding pre-service conditions and their progression.

The Board has remanded the claims for service connection for left knee, right knee, skin, and colon disabilities due to incomplete STRs. Legible copies of the Veteran's STRs must be obtained.