Knee decisions — 2023

The Board denied service connection for left and right knee disorders, DMII/kidney disorder, and hypertension as there was no evidence of these conditions in service or within the first year after separation from active duty.

The Board has remanded the case due to insufficient evidence regarding the Veteran's left knee disability.

The Board has granted service connection for right knee patellofemoral pain syndrome and denied service connection for left hip condition. The decision is based on the Veteran's in-service injuries during active duty training (ACDUTRA).

The Veteran withdrew his appeal for service connection for arthritis of the left knee as secondary to a service-connected condition, and the Board dismissed the appeal.

The Board has granted an effective date of October 4, 2016 for the grant of a 60 percent disability rating for the Veteran's service-connected left knee condition. The decision finds that the presumption of regularity was rebutted and that the earlier claim is factually ascertainable.

The Board has remanded the cases for additional development due to inadequate previous medical opinions regarding the etiology of the Veteran's bilateral knee disabilities.

The Veteran's claim for a rating in excess of 10 percent for right knee limitation of flexion is denied.,The Veteran's claim for a 20 percent rating for a right knee meniscal injury prior to April 12, 2022 is denied.

The Veteran's appeals for increased ratings for his right knee, left knee, and related conditions have been dismissed due to the Veteran withdrawing his appeal through his representative.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring a new VA examination for right knee strain.

The Board has remanded the Veteran's claims for chronic right and left knee disabilities due to inadequate opinions in the June 2018 VA examination. The Veteran contends his current knee conditions are related to his active duty service as a paratrooper.

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to the need for additional examinations and evaluations.

The Veteran's right knee limitation of flexion is rated at 10 percent, and a separate 10 percent rating for right knee instability is granted.

The Board denied the Veteran's claims for an effective date prior to June 6, 2017 for the grant of service connection for left knee osteoarthritis and scars. The decision is based on the finality of previous rating decisions and the lack of a pending claim before the current effective date.

The Veteran's left knee strain is granted as secondary to his service-connected right ankle lateral collateral ligament sprain and left ankle strain. The claims for diabetes mellitus type II, heart condition, and acquired psychiatric disability other than PTSD are remanded.

The Veteran's right and left knee disabilities have been rated at 10 percent each, but the Board has found that they warrant separate ratings for instability under Diagnostic Code 5257. The claims of entitlement to higher initial ratings are being remanded due to a duty to assist error.

The Board has remanded the case due to a duty-to-assist error and for further examination and medical opinion regarding the cause of the appellant's bilateral knee disorder.

The Veteran's claims for increased rating of left knee disability and service connection for psychiatric disorder were denied. The Board found no evidence to support a higher rating or service connection.

The Veteran's claim for service connection for obesity and a rating greater than 10 percent for chondromalacia, left knee is denied. The case is remanded for further evaluation of the left knee disability.

Service connection for tinnitus is granted. Service connection and initial ratings for left ear hearing loss, right ear hearing loss, intervertebral disc syndrome (IVDS) with degenerative arthritis of the lumbar spine, left lumbar radiculopathy, right knee disability, left knee disability, cervical spine disability, right shoulder disability, left shoulder disability, right elbow disability, and left elbow disability are denied. Service connection for major depressive disorder is also denied.

The Veteran's service-connected conditions, including his panic disorder and left knee disabilities, have rendered him unable to secure or follow a substantially gainful occupation since October 28, 2021. However, the VA examination did not adequately assess the severity of his left knee disability during flare-ups.