Knee decisions — 2023

The Board has remanded the claims of entitlement to service connection for right knee disability, right thumb disability, and left knee disability due to procedural issues.

The Veteran's claim for a higher rating for his left knee disability is being remanded due to the need for additional development, including obtaining VA and military treatment records.

The Board has remanded the Veteran's claims for service connection for left knee and neck disabilities due to insufficient medical opinions addressing whether these conditions are related to his service-connected right knee, low back, or bilateral lower extremity radiculopathy. The claims will be reviewed with additional medical evaluations.

The Board dismissed the appeals for service connection of right knee and left hip disabilities due to a withdrawal request by the appellant's representative.

The Veteran's claims for increased ratings for right knee, left knee, and hemorrhoids disabilities have been denied. The case is REMANDED to consider the issue of entitlement to a total disability rating based on individual unemployability prior to July 1, 2015.

The Veteran's claims for service connection for ganglion cyst, right wrist; heart problems; depression due to marital problem; right knee injury; migraine headaches; and allergies/hay fever have been denied. The appeal is remanded for a VA examination to determine the nature and etiology of the Veteran's glaucoma.

The Veteran's right knee degenerative joint disease with strain and instability, as well as his prostate cancer, were granted service connection effective April 24, 2018. The Veteran was assigned a 10% rating for the right knee disorder.

The Board has granted a TDIU effective December 31, 2012. However, the issues of service connection for hypertension and lumbar spine disorder, as well as evaluations for right knee arthritis, left knee arthritis, right knee instability, and left knee instability are remanded due to insufficient evidence.

The Board has granted service connection for bilateral knee osteoarthritis with instability, finding that the Veteran's current condition is due to his military service, specifically running and marching up hills with heavy packs.

The Veteran's representative filed a motion to withdraw the appeal for multiple service connection claims, including asthma, flat feet, impingement syndrome in left ankle (claimed as ankle pain), left injured knee and chronic pain, migraines, right ankle pain, and right injured knee and chronic pain. The Board dismissed these appeals due to the withdrawal.

The Veteran's claim for service connection for a right knee disorder was denied in March 2022. The Veteran did not file a timely appeal, and the case has been dismissed.

The Board denied service connection for bilateral knee and hip disabilities, finding that the evidence did not support a link to active service or service-connected conditions.

The Veteran's service-connected disabilities have prevented her from securing or following a substantially gainful occupation since March 14, 2019. A total disability rating based on individual unemployability (TDIU) is granted for all service-connected conditions.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claims for service connection for right hand impairment, left knee impairment, and left shoulder impairment. The claims are now remanded for further development.

The Board has granted service connection for knee strain, right with degenerative arthritis, finding that the Veteran's symptoms began in service and have continued through the present day.

The Board has found new and relevant evidence for several of the Veteran's claims, including GERD, peripheral neuropathy, right hip replacement, right knee status post total knee replacement, and thoracic aortic aneurysm. The claims are being remanded due to insufficient evidence or conflicting theories.

The Veteran's claims for bilateral hearing loss, tinnitus, back condition (claimed as an acquired psychiatric disorder), right knee osteoarthritis, and left knee osteoarthritis have been granted. The Board found that new evidence submitted by the Veteran supports a finding of service connection for these conditions.

The Veteran's claims for increased ratings were received on April 21, 2019. The Board found that an increase in disability was not factually ascertainable within a year prior to the receipt of his claim and thus denied earlier effective dates.

The Board granted a 10% disability rating for the Veteran's right knee surgical scar effective June 12, 2019. The Veteran attempted to appeal this decision by filing a Decision Review Request (DVR) but did not proceed with an appeal to the Court of Appeals for Veterans Claims (CAVC). As a result, his attempt to appeal is dismissed.

The Veteran's physical and mental disabilities, including service-connected bilateral knee disabilities, diabetes mellitus, and PTSD, require him to be in need of regular aid and attendance. The Board finds that the evidence is in equipoise regarding his requirement for aid and attendance due to his service-connected conditions.