Knee decisions — 2023

The Board has remanded the Veteran's claims for service connection for various conditions due to insufficient evidence and need for further examination. The issues include tremors of the bilateral hands, bladder condition, stomach condition, knee conditions, and hernia condition.

An initial disability rating of 30 percent for service-connected migraine headaches is granted. The appeal for service connection for a left knee disability is remanded.

The Veteran's residuals of total left knee replacement are rated at 30 percent, which is the minimum rating under the revised criteria for knee disabilities. The Board finds that the condition does not warrant a higher rating as there is no evidence of severe painful motion or weakness.

The Board has remanded the Veteran's claims for service connection for bilateral shoulder disorder, bilateral hand disorder, and bilateral knee disorder due to a lack of evidence addressing the etiology of these conditions. The VA will provide new examinations and obtain the May 2022 audiogram.

The Board has denied the Veteran's claim of entitlement to an increased disability rating for lumbosacral strain with degenerative arthritis. The claims for service connection for left and right knee disabilities are remanded due to a lack of a VA examination.

The Board has determined that the Veteran's right knee disability is related to his service and grants service connection for this condition.

The Veteran's bilateral knee conditions are rated as denied, with the right knee receiving a higher rating than the left.

The Board has remanded the Veteran's claims for service connection for recurrent right and left knee disabilities, as well as a lumbar spine disability. The claims are being returned to VA for further development.

The Board has remanded the claims for service connection for right knee, asthma, and sinus disabilities due to new evidence received since the August 1993 denial. The Veteran's current hearing loss is rated as noncompensable.

The Veteran's left elbow disability is rated at a maximum of 50 percent, and he has been granted TDIU. The Board also found that the Veteran's muscular weakness in his left elbow warrants a separate compensable rating, and higher ratings for his left knee scar residuals are needed.

The Board has granted service connection for the Veteran's back disability, left knee disability, and right knee disability as secondary to his service-connected PTSD.

The Board has granted service connection for left ankle disability (left drop foot, nerve damage) and left lower leg muscle atrophy as secondary to the Veteran's service-connected left knee disability. The right knee disorder claim is remanded.

The Veteran's claims for service connection are remanded due to the need for additional development and evidence.,The Veteran's TDIU claim is also remanded as it involves issues that have not been fully addressed.

The Board has remanded the Veteran's claims for increased ratings for left shoulder, left knee, and right knee disabilities due to inadequate examination reports from March 2022 and June 2023.

The Board has denied service connection for tinnitus, right ankle disability, and right knee replacement due to dishonorable discharge. The case is remanded for further examination regarding bilateral hearing loss.

The Board has remanded the claims for increased rating, service connection, and TDIU due to insufficient evidence. The Veteran's left knee disability is currently rated at 10% for limitation of extension.

The Board has determined that the Veteran's lower back, right knee, left knee, and chronic cough conditions are related to his active service. However, due process requires a remand for additional examinations and opinions to address secondary service connection claims and exposure to burn pits.

The Board has granted a 70 percent rating for PTSD from January 4, 2018 to March 29, 2021. The Veteran's right knee and right shoulder disabilities are remanded for further evaluation.

The Veteran's left knee instability is granted a separate initial disability rating of 10 percent from September 13, 2010, through December 1, 2011. However, the combined rating for disabilities of an extremity cannot exceed the rating for amputation at the elective level due to the 'amputation rule', thus preventing any higher ratings.

The Veteran's claims for increased disability ratings for his left shoulder strain, left ankle sprain, right knee sprain with patellar dislocation, and lumbosacral strain are being remanded due to the Veteran's failure to report for VA examinations.