Knee decisions — 2023

The Veteran's appeal has been dismissed as she and her representative have withdrawn the appeals for service connection for left knee disability and obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and need for additional development of his records.

The Veteran withdrew his appeal regarding the issue of right knee joint osteoarthritis, and thus the case is dismissed.

The Board has withdrawn the Veteran's appeals for lung condition and left knee condition. The right wrist, elbow, and leg conditions are remanded due to a duty-to-assist error.

The Veteran's right knee traumatic degenerative joint disease is rated at 20 percent, and a separate 20 percent rating for his meniscal tear with frequent episodes of locking and pain has been granted.

The Veteran's lumbar spine disability is granted a 40 percent rating from March 10, 2021. The ratings for right and left knee disabilities remain at 10 percent.

The Veteran's service-connected disabilities, including PTSD and multiple musculoskeletal conditions, have resulted in a combined rating of 80 percent. The Board has granted a TDIU rating from March 25, 2020.

The Board denied a higher initial disability rating for the Veteran's right knee scar, finding that the evidence did not show it was unstable or painful and did not cause any functional limitations.

The Board has found pre-decisional duty-to-assist errors in the claims for service connection for various conditions and remanded these issues to obtain additional records, including a report of medical history from the Veteran's discharge examination.

The Board has remanded the Veteran's claims due to a failure by the Regional Office to properly assist in developing his service connection claims, including obtaining relevant medical records and unit histories. The claims are being remanded for further development.

The Board has granted service connection for right knee degenerative arthritis based on a finding of chronic disease presumptive under 38 C.F.R. § 3.303(b) due to continuity of symptoms since service separation.

The Veteran's right hip bursitis, right knee patellofemoral arthritis, and left ankle DJD/arthritis are all secondary to his service-connected intervertebral disc syndrome with residuals of hemilaminectomy and diskectomy, lumbar spine with partial left foot drop. The Board has determined that remand is necessary for further examination and opinion regarding the Veteran's right hip bursitis, right knee patellofemoral arthritis, and left ankle DJD/arthritis.

The Veteran's Ramsay Hunt syndrome, left foot and ankle disability, right knee disability, and left knee disability were all denied. The Board found that the treatment provided by VA did not cause these conditions.

The Board has determined that the Veteran's claims for service connection are inextricably intertwined with his claim for post op sarcoma of the right lower extremity. Therefore, these claims must be remanded to allow for a VA examination and opinion regarding the etiology of the Veteran's post op sarcoma.

The Board has granted an increased disability rating of 60 percent for the service-connected left knee replacement from January 1, 2020.

The Veteran withdrew all his appeals, including the one for left knee strain with patellofemoral pain syndrome. The appeal is dismissed as a result.

The Veteran's claim for an earlier effective date for a 20 percent rating for lumbar spine strain with degenerative arthritis is denied.,The Veteran's claim for an earlier effective date for a separate 20 percent rating for right knee based on instability since July 6, 2018 is granted.

The Board has determined that the Veteran's right knee disability, diagnosed as patellofemoral pain syndrome with torn meniscus, is at least as likely as not related to her active duty service and granted her claim for service connection.

The Board has decided to remand the case due to an inadequate VA examination, and the Veteran needs a new one to assess his left knee disability.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment as of January 6, 2015.