Knee decisions — 2023

The Veteran's claim for a higher rating for tinnitus is denied as the current 10 percent evaluation is the maximum available.,Service connection for high cholesterol is denied because it does not meet VA compensation criteria.,A TDIU award is granted based on service-connected disabilities preventing substantial gainful employment.,The Veteran's claim for a higher rating for schizophrenia remains remanded due to potential aggravation of pre-existing conditions.,Claims for higher ratings for right rotator cuff tendonitis, lumbosacral strain, and bilateral knee osteoarthritis are also remanded.,Claims for higher ratings for bilateral plantar fasciitis, achilles tendonitis, and metatarsalgia remain remanded.,Claims for higher ratings for bilateral hearing loss, gastroesophageal reflux disease (GERD), allergic rhinitis, internal hemorrhoids, right colon adenoma, umbilical hernia, diabetes mellitus, hypertension, obstructive sleep apnea (OSA), and insomnia are all remanded.,The Veteran's claim to reopen a previously denied service connection for a right colon adenoma is also remanded.,Service connection claims for an umbilical hernia secondary to the right colon adenoma and diabetes mellitus remain remanded.,Claims for service connection for heart disability, including hypertension, obstructive sleep apnea (OSA), and insomnia are all remanded.

The Board denied service connection for various conditions, finding the character of discharge due to willful and persistent misconduct constitutes a bar to VA benefits.

The Board has remanded the cases for further development due to inadequate range of motion assessments and updated treatment records are needed. The Veteran's knee instability, difficulty getting in/out of his truck, and ankle pain after extended weight bearing will be considered during the examinations.

The Veteran's claims for increased ratings and service connection for his neck disability, left knee condition, and right knee condition are remanded due to the need for additional examinations to assess the severity of these conditions.

The Veteran's appeal for a higher rating and special monthly compensation has been dismissed due to his death. The Board does not have jurisdiction to proceed with the claims as he is deceased.

The Veteran's migraine headaches are rated at 50 percent, the highest possible rating under Diagnostic Code 8100. The Board found that his migraines were characterized by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has determined that additional VA examinations are needed to assess the nature and etiology of the Veteran's claimed bilateral varicose veins, bilateral feet disability or pes planus, upper back disability, lower back disability, and left knee disability. The claims for service connection in these areas are being remanded.

The Board has decided that the Veteran's left knee condition may be related to his service-connected left ankle disability and is requesting additional VA opinions for a more thorough evaluation.

The Board has granted service connection for skin discoloration of the bilateral legs and right knee disability, finding that these conditions are related to the Veteran's active military service. The decision also remanded several other issues.

The Veteran's left knee disability, characterized by painful or limited motion at times due to pain and other factors, but with full extension to 0 degrees and flexion to greater than 30 degrees, was found not to warrant an increased rating beyond the current 10 percent assigned since 2019.

The Veteran's claims for earlier effective dates and restoration of ratings were granted. The Veteran received a 10% rating for left hip limited extension, a 10% rating for right hip strain (extension), and a 20% rating for right hip strain (abduction) from October 1, 2018 to the present.

The Board has decided to remand the case due to incomplete medical records, specifically those related to treatment of the Veteran's right knee during active duty service. The decision is pending further development and review.

The Board has remanded the Veteran's claims for additional development due to inadequate VA examination and failure to consider his lay statements.

The Board has granted the Veteran's claim for service connection for left knee arthritis, which is secondary to his service-connected right knee disability.

The Board has determined that the Veteran's appeal involves multiple issues related to his service-connected PTSD, right knee disabilities, and effective date claims. The case is being remanded for further development including obtaining updated VA treatment records, arranging for examinations of the Veteran's right knee surgical scars and ligament injuries, and addressing the evaluation and effective date issues.

The Board denied service connection for deformed finger joints with pain, left knee condition, right knee condition, and bilateral hearing loss as there is no evidence of a nexus between these conditions and the Veteran's active service.,There was no in-service injury or disease related to these conditions. The medical opinions provided did not establish a link between the current disabilities and service.

The Veteran's claim for service connection of a left knee disability has been reopened and remanded due to the submission of new evidence indicating an old injury in service. The case is now pending further examination and opinion.

The Veteran's tinnitus is granted as service-connected.,Service connection for bilateral hearing loss and left hand disability, right knee disability, and left knee disability are remanded due to the need for additional development.

The Veteran's right knee disability, which is currently rated at 20 percent, has been denied as his flexion limitation does not meet the criteria for a higher rating under Diagnostic Code 5260.

The Board has denied the Veteran's claims for service connection for an eye condition and an acquired psychiatric disorder. The Board also remanded several other issues, including those related to his feet, thighs/hips, elbow, and skin.,The Veteran was not granted service connection for any of these conditions.