Knee decisions — 2023

The Board has determined that the VA examinations conducted in May and July 2023 were not adequate for adjudicating the Veteran's claim of service connection for bilateral knee condition, to include as secondary to pes planus. The claim is being remanded again for further development.

The Veteran's OSA is granted as secondary to his service-connected PTSD, major depressive disorder, and insomnia. The effective date for this grant of service connection is September 2, 2015.

The Veteran's right knee disability, including limitation of flexion and extension, as well as instability, is rated at 10 percent throughout the appeal period.

The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to May 16, 2011. The Board denied entitlement to TDIU and SMC at the housebound rate due to lack of substantial evidence showing marginal employment.

The Veteran's appeal is being remanded due to the submission of a VA Form 10182, which was not appropriate for his legacy system appeals. The AOJ must issue an SOC and allow the Veteran to file a substantive appeal if he wishes to continue his appeal under the legacy appeals system.

The Veteran seeks an earlier effective date for the grant of service connection for right knee osteoarthritis, but the Board finds no evidence of a claim prior to September 23, 2011.,The issue of entitlement to TDIU is remanded as it is intertwined with the increased rating issues for the right knee.

The Board has determined that the VA examinations and medical opinions are inadequate for determining the etiology of the Veteran's claimed conditions. The Veteran's service-connected left foot disability is believed to have caused or aggravated his current back, hip, and knee conditions.

The Veteran's appeals for increased ratings on four knee and back disabilities have been dismissed as the Veteran withdrew all issues on appeal prior to a decision being made.

The Veteran's appeals for increased ratings and service connection were withdrawn. The Board granted service connection for left knee degenerative arthritis, right knee degenerative arthritis, and obstructive sleep apnea (OSA).

The Board has dismissed all claims due to the Veteran's death before a decision could be made.

The Board has granted service connection for degenerative arthritis status post lumbar laminectomy and intervertebral disc syndrome (lumbar spine disability), cervical spine degenerative arthritis with spinal stenosis, and bilateral knee chondrocalcinosis and degenerative arthritis. The decision is based on the Veteran's in-service injury from a land mine explosion and continuous symptoms since service separation.

The Board has granted service connection for a low back condition, right knee condition, and left knee condition, finding that the Veteran's current conditions are related to his active military service.

The Board has remanded the Veteran's claims for service connection for left ankle, right ankle, and right knee conditions due to conflicting evidence regarding pre-existing conditions.

The Board has denied the Veteran's claims for service connection for acquired psychiatric disorder, left knee disability, right knee disability, neurological impairment of the left lower extremity, and neurological impairment of the right lower extremity. The issues have been remanded for further examination regarding sleep disorder, headaches, heart condition, and bilateral shoulder disabilities.

The Board has decided to remand the case due to a lack of an adequate VA medical opinion regarding the etiology of the Veteran's left knee disability. The case will be returned for further evaluation and consideration.

The Veteran's major depressive disorder, left knee degenerative joint disease status post left knee replacement, and right knee degenerative joint disease were all granted. The reduction in rating for major depressive disorder from 70% to 50% was restored. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) was granted.

The Board has restored the Veteran's ratings for left knee strain and thoracolumbar spine strain to 10 percent effective November 15, 2019. The evidence did not support a reduction in rating.

The Veteran's appeal for an increased rating in excess of 10 percent for left knee strain, status post meniscal surgery is being remanded due to the need for a new VA examination.

The Board denied both claims for service connection of right and left knee disabilities, finding that the current knee disabilities are not caused or worsened by the service-connected left foot disability.

The Board has dismissed all appeals regarding service connection for various foot, ankle, and knee conditions as the Veteran withdrew his claims.