Knee decisions — 2023

The Board has determined that the Veteran's right knee disability is at least as likely as not related to an in-service injury, and service connection for this condition is granted.

The Board has remanded the Veteran's claims for service connection for a right knee disability, heart disability, liver disability, and diabetes mellitus type II due to lack of nexus opinions regarding his active service. The Veteran is also requested to provide an assessment of his level of exposure to herbicides in Vietnam.

The Board has remanded three issues: the rating for a left knee disability, service connection for a low back disability, and a temporary total rating due to hospitalization and convalescence for a low back disability. The remand is due to deficiencies in prior VA examinations and duty-to-assist errors.

The Board has denied service connection for anxiety and mood swings, PTSD, diabetes mellitus type II, hypertension, heart disorder, erectile dysfunction, gastroesophageal reflux disease (GERD), sinusitis and rhinitis, right eye cataracts, left eye cataracts, right knee disorder, and left knee disorder. The Board found no in-service psychological injury or event leading to the current disabilities.

The Veteran's TDIU was granted effective January 18, 2013, based on his service-connected disabilities. The effective date is the earliest date that the claim for a TDIU arose, which was less than one year prior to receipt of the February 2013 application.

The Veteran's service-connected disabilities, including prostate cancer, CAD, left and right knee disabilities, and psychiatric disorder, prevented him from obtaining or maintaining a substantially gainful occupation as of May 24, 2022. The Board granted the TDIU claim effective from that date.

The Veteran's ratings for cerebral vascular accident with ataxia of bilateral lower extremities and left knee disability are restored, while the right knee disability is granted. The rating for left knee instability remains denied.

The Board has denied the Veteran's claims for service connection for right knee and right ankle disabilities due to lack of new and relevant evidence since the May 2020 decision.

The Veteran's appeal is remanded due to incomplete records and the need for further review of his clothing allowance claims. The AOJ must ensure all relevant documents are associated with the case.

The Veteran's claims for increased ratings for her right and left knee conditions have been denied. The current ratings assigned do not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board has decided that the service connection for right ankle, left ankle, and left knee conditions need to be remanded due to insufficient evidence in the record.

The Veteran's right knee instability is restored to a 30 percent rating, effective July 1, 2020. The issue of an initial increased rating above 20 percent for L2-3 and L3-4 DDD with posterior spondylosis with L5-S1 retrolisthesis and lumbosacral strain is dismissed as withdrawn.

The Board has remanded the Veteran's claims for service connection for right and left knee conditions and cervical spine condition due to inadequate medical opinions and missing VA treatment records.

The Board has decided to remand the Veteran's claims for a back and left knee disability as they relate to service connection due to an error in obtaining a VA examination.

The Veteran's service-connected coronary artery disease, left knee patellofemoral syndrome, and hypertension are all rated at their current levels. The Veteran is not entitled to a higher rating for any of these conditions.

The Veteran's right knee disability, characterized by painful motion with limited flexion to 90 degrees and full extension, has not met the criteria for a higher rating. The current 10 percent rating is maintained.

The Veteran's service-connected disabilities prevented him from obtaining or maintaining a substantially gainful occupation as of May 24, 2022. The Board granted the TDIU claim with an effective date of November 29, 2022.

The Board has granted service connection for bilateral plantar fasciitis, a right knee condition, and a left knee condition. The evidence shows that the Veteran's current foot and knee conditions are related to his military service.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's current right knee disorder and his military service.

The Veteran's appeals for increased ratings for his right and left knee conditions have been dismissed due to the Veteran's withdrawal of his appeals at a Board hearing.