Knee decisions — 2023

The Board has determined that additional development is needed to assess the current severity of the Veteran's service-connected knee disabilities, including obtaining updated VA and private treatment records and scheduling a new VA examination.

The Veteran's TDIU claim for the period prior to September 11, 2011 is being remanded due to failure to refer it for extraschedular consideration.

The Board has remanded the issues of entitlement to increased ratings for left and right knee instability rated under Diagnostic Code 5257 due to concerns raised by the Joint Motion for Partial Remand (JMPR).

The Veteran's claims for service connection have been reopened and are now granted. Service connection is established for low back disability, left hip disability, left thigh disability, and bilateral knee condition.

The Veteran's increased disability ratings for lumbago, bilateral pes planus, and right knee osteoarthritis have been denied due to failure to attend scheduled VA examinations.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a current diagnosis of PTSD and credible reports of in-service stressors, which are sufficient to establish service connection.

The Board denied the Veteran's claim for service connection of his right knee disability, finding that there was no evidence to support a nexus between his current condition and active duty.

The Veteran's service connection claim for vaginitis is granted. The Board finds that the current disability is related to vaginal infections during active duty and grants the claim.

The Veteran's hypertension, urinary incontinence, right knee disability, and left knee disability are all granted service connection as they manifested during his military service.

The Veteran's right knee limitation of flexion is not manifested by limitation of motion to less than 30 degrees flexion.,For the entire period on appeal, the Veteran's right knee limitation of extension is manifested by limitation of motion which more closely approximates that of extension limited to 30 degrees, but not 45 degrees or more. The Veteran is granted a separate rating of 10 percent for right knee instability.

The Board has decided to remand the Veteran's claim for service connection of a left knee condition due to conflicting medical opinions and lack of contemporaneous records.

The Board has remanded the claims for service connection due to inconsistencies in the Veteran's statements regarding when his conditions began and conflicting medical evidence. The issues of TDIU are also being remanded as they are inextricably intertwined with the service connection claims.

The Veteran's bilateral knee and hip disabilities are granted as secondary to his service-connected pes planus. The right ear hearing loss is remanded for further examination.

The Veteran's right knee disability is rated at 60 percent since April 29, 2021. The cervical spine and glaucoma claims are denied as secondary to service-connected disabilities. Service connection for a lumbar spine disability remains denied.

The Veteran's claims for higher initial ratings for his back and right knee disabilities are being remanded due to the need for additional development, including obtaining an addendum opinion on functional loss during flare-ups and a VA examination to determine the current severity of his service-connected right knee disability.

The Veteran's total left and right knee replacement ratings have been granted at a 60 percent disability rating for the entire appeal period.

The Board has remanded the Veteran's claims for service connection for a right hamstring muscle tear and a scar on the right knee due to insufficient evidence in previous examinations.

The Veteran's June 6, 2012 claim for service connection of insomnia reasonably raised a claim of entitlement to service connection for an acquired psychiatric disorder in addition to a claim of service connection for insomnia. The effective date is granted as June 6, 2012.,The earliest date as of which it is factually ascertainable that symptoms of left lower extremity radiculopathy had occurred is March 5, 2014. The effective date is denied.

The Board has granted service connection for right ankle strain and right knee osteoarthritis, finding that the evidence is at least evenly balanced as to whether these conditions had their onset in service.

The Veteran's service connection for obstructive sleep apnea is granted. The Board finds remand required for the left shoulder condition, irritable bowel syndrome, right and left knee disabilities, and PTSD and TDIU.