Knee decisions — 2023

The Veteran's service-connected disabilities, including his bilateral knee disability and schizoaffective disorder, prevent him from securing or following substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims for an evaluation in excess of 10 percent for a left knee limitation of flexion, extension, instability, and genu recurvatum prior to June 15, 2009. Additionally, the claim for an evaluation in excess of 30 percent for status post total left knee arthroplasty from August 1, 2010 through April 14, 2015 is also remanded.

The Board has remanded the claims of service connection for right knee disability, respiratory disorder, and bilateral hearing loss due to additional development being needed.

The Veteran's left wrist carpal tunnel syndrome is rated at 20 percent, while her right wrist carpal tunnel syndrome remains denied for a higher rating.,Her right knee patellofemoral syndrome and radiculopathy of the lower extremities are both remanded for further evaluation.

The Veteran's reduction from a 40 percent to a 20 percent rating for spondylolisthesis of the lumbar spine was improper and has been restored.,An effective date of July 13, 2015, is granted for service connection of left lower extremity radiculopathy. Effective dates prior to August 11, 2015, are denied for bilateral patellofemoral pain syndrome and tinnitus.,The Veteran's initial rating for left lower extremity radiculopathy remains at 20 percent.,Initial ratings greater than 20 percent for left lower extremity radiculopathy, right knee patellofemoral pain syndrome, and tinnitus are denied.

The Veteran's claim for service connection for tinnitus is denied as there is no evidence of a current disability and the Veteran did not have tinnitus during his time in service.,The Veteran's claims for service connection for chronic fatigue syndrome (CFS), male infertility, bilateral elbow disability, and bilateral knee disability are remanded due to insufficient examination reports that do not address all relevant symptoms and diagnoses.

The Board has reopened the claims for service connection for a sleep disorder, left knee disability, right knee disability, and bilateral foot disability. The claim for service connection for an acquired psychiatric disorder remains remanded as new evidence was received but does not establish service connection.

The Veteran's radiculopathy of the left lower extremity has been rated at 60 percent since January 23, 2017. The Board remanded for further analysis regarding service connection and compensation for a below-knee amputation of the left leg.

The Veteran's right knee disability, including a right patella tendon rupture and instability, is rated at 10 percent for the entire appeal period. The rating does not meet criteria for higher ratings under any applicable diagnostic codes.

The Board has determined that additional development is needed to address the Veteran's claims for service connection of various disabilities, including thoracolumbar spine, left knee, right knee, right shoulder, and right ankle conditions. The case will be remanded for further examination and opinion.

The Veteran's right knee DJD was rated at 10 percent, and the Board denied a higher rating as his symptoms did not warrant an increase.

The Veteran's claims for service connection of various musculoskeletal conditions, including PTSD, lower back condition, right and left knee conditions, left leg pain, and left ankle condition are remanded due to the need for further examination and evaluation. The effective date claim for PTSD is also remanded as it may be addressed in conjunction with other issues.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for increased ratings for his service-connected right and left knee disabilities.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and other conditions were denied in a final November 2005 rating decision. The claims were reopened based on new and material evidence submitted after March 31, 2015, but the effective date remains unchanged as it is not earlier than March 31, 2015.

The Veteran's claims for service connection for anterior cruciate ligament right knee and left knee are not reopened due to lack of new and material evidence.,Service connection is granted for tinnitus, migraine headaches as secondary to a service-connected mental health disability, heart condition (angina), and respiratory condition (obstructive airway disease).,The Veteran's claims for anterior cruciate ligament right knee and left knee remain denied due to lack of new and material evidence.,Service connection is not granted for obstructive sleep apnea (OSA), hypertension, or unspecified visual disorder.

The Veteran meets the criteria for a certificate of eligibility in purchasing an automobile and adaptive equipment due to permanent loss of use of his lower extremities from service-connected disabilities.

The Board has granted service connection for residuals of a right tibial stress fracture and lumbar disc disease with low back pain, finding that the Veteran's current conditions are related to his military service. The claim for a right knee/leg disorder was denied due to lack of new and relevant evidence, while the claim for a low back disorder was also denied but readjudicated as granted.

The Board has denied the Veteran's claims for service connection for left and right knee joint pain, as well as his claim for a rating in excess of 10 percent for his service-connected right elbow injury. The Veteran's claims for sleep apnea are also remanded due to duty-to-assist errors.

The Veteran's claim for a clothing allowance for a left knee brace is denied because he does not have service-connected left knee condition.

The Veteran's TDIU claim is granted as his service-connected disabilities prevent him from securing or following substantially gainful employment.