Knee decisions — 2023

The Veteran's claims for left and right knee disabilities were denied, with the denial of the eczema claim being remanded.,An effective date of April 5, 2018, was granted for the service connection of eczema.

The Veteran's appeals for increased disability ratings and service connection for right and left knee disabilities are remanded due to the need for updated VA examinations.

The Board has granted service connection for chronic lumbar spine disability, chronic cervical spine disability, chronic right knee disability, and IBS (presumptively related to Southwest Asia service). The claims are based on the presumption of exposure in the Gulf War setting.

The Board has granted service connection for right ear hearing loss. The Veteran's current left ear hearing loss is at least as likely as not related to his military noise exposure.,All other claims, including those for back disability, left ear hearing loss, depression (secondary to service-connected disabilities), left hand and right hand disabilities, sleep apnea (undiagnosed illness and/or medically unexplained chronic multi symptom illness due to exposure to environmental hazards during the Persian Gulf War) and secondary to service-connected disabilities, right hip disability, left hip disability, right knee disability, and left knee disability, are remanded for further development.

The Board has granted service connection for cervical spine, lumbar spine, left knee, and left shoulder disabilities, as well as bilateral hip replacement. The Veteran's right upper extremity and lower extremity radiculopathies are also found to be related to his service-connected conditions.

The Veteran withdrew all his appeals, including those for PTSD, headaches, and a left knee strain, as well as the initial compensable evaluation for bilateral hearing loss.

The Veteran's claims for dental, bilateral hearing loss, low back, right knee, and left knee disabilities have been denied as there is no evidence of a current disability or that any are related to service.,There is no evidence of a current bilateral hearing loss disability for VA purposes during the appeal period. The Veteran has not provided sufficient evidence to establish a current disability.,The Board finds no evidence of a current low back, right knee, or left knee disability in the record and concludes that these claims are denied as there is insufficient evidence to support their existence.,,

The Board has granted service connection for the Veteran's cervical spine/neck disability, bilateral upper extremity radiculopathy (including as secondary to the now service-connected cervical spine disability), headaches disability (including as secondary to the now service-connected cervical spine disability), left shoulder disability, right shoulder disability, left ankle disability, and left knee disability.

The Veteran's right knee disability, including osteoarthritis, patellofemoral pain syndrome, and chondromalacia, is related to in-service injuries. The claim for service connection is granted.

The Veteran's left and right shoulder conditions, as well as his DDD of the lumbar spine and degenerative arthritis of the right knee, are all granted service connection based on their relationship to his service-connected right paravertebral muscles myositis, trapezius and rhomboid.

The claims for service connection for left knee degenerative arthritis and right knee degenerative arthritis have been dismissed.,A new claim for service connection for a heart condition, including coronary artery disease with triple bypass and stents, has been granted. The appeal is granted to this extent only.

The Board has decided to remand the Veteran's claims for bilateral knee conditions due to insufficient consideration of relevant medical history and lay statements in the January 2023 VA examination.

The reduction of the disability rating for right knee arthroplasty from 60% to 30% was not proper, and a restoration of a 60% rating is warranted.

The Veteran's arthritis of the bilateral feet, low back pain, right knee pain, osteoarthritis of the left shoulder, and bilateral hearing loss were all granted service connection as they are considered direct service-connected disabilities.,Service connection was established for these conditions based on their onset during periods of active duty.

The Veteran withdrew all claims, including the right knee strain appeal, before a decision was made by the Board.

The Veteran's initial disability ratings for right and left knee PFS have been denied as they do not meet the criteria for a higher rating.,Separate issues of entitlement to compensable initial disability ratings for right and left knee instability prior to May 27, 2022, are also remanded.

The Veteran's service-connected eye and knee disabilities cause severe occupational limitations, preventing him from maintaining gainful employment. The Board has granted a TDIU on an extraschedular basis.

The Veteran's claim for increased ratings for his service-connected back and knee disabilities was denied. The rating for degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and compression fractures of T8-T10, status post lumbar fusion is denied as it does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes. Ratings for radiculopathy of the sciatic nerve in both lower extremities are granted at 40 percent. Ratings for left knee strain with limitation of flexion and right knee status-post operative torn meniscus (limitation of extension) are denied as they do not meet the criteria for higher ratings. The Veteran's painful scars of the right knee and posterior trunk are rated at 10 percent.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected left knee disabilities alone do not render him unable to secure and follow substantially gainful employment.

The Board has granted the Veteran's claim for service connection for a right knee disability, finding that his current right knee disability is at least as likely as not related to his military service.