Knee decisions — 2023

The Veteran's claims for increased ratings for right knee and left knee osteoarthritis are remanded due to inadequate VA examination findings. The Veteran needs a new VA examination to assess the severity of his disabilities, including any flare-ups and repetitive use.

The Board has determined that the VA examination provided in December 2022 was inadequate as it did not address aggravation and the Veteran's claim of a torn or chipped cartilage. The case is therefore being remanded for further evaluation.

The Veteran's PTSD with stimulant use disorder, cocaine, in sustained remission is rated at 50 percent and the Board finds that a higher rating is not warranted.,There is no current right ankle disability for which service connection can be granted.

The Board has determined that the VA examination provided in December 2022 was inadequate as it did not address aggravation and did not address the Veteran's claim of torn and/or chipped cartilage. The case is therefore being remanded for a new opinion to cure this duty-to-assist error.

The Veteran's right ankle arthritis with chronic instability is granted a 20 percent rating, the maximum allowed. Service connection for his left knee and right knee degenerative arthritis, as well as his bilateral hip osteoarthritis, are remanded due to inadequate medical opinions.

The Veteran's appeal for higher ratings for patellofemoral pain syndrome (PFS) of the left and right knees is being remanded due to incomplete examination results and a need to address extraschedular consideration.

The Board has denied the Veteran's claim for total disability rating based on individual unemployability (TDIU) as there is insufficient evidence to substantiate a reasonable possibility that he is unemployable due to his service-connected disabilities. The Veteran's problems with employment were attributed to behavioral incidents, such as being late or disagreements with management, rather than due to any service-connected condition.

The Board has granted an effective date of September 3, 2015 for the award of a 10 percent rating for the Veteran's service-connected left knee condition. The decision is based on the factually ascertainable increase in the severity of the Veteran's disability within one year prior to his intent to file a claim.

The Board has granted service connection for the Veteran's right knee disability, finding that it is at least as likely as not related to his service. The decision also reopened the claim due to new and material evidence submitted by the Veteran.

The Veteran's appeals for service connection and increased evaluations have been withdrawn by her authorized representative.

The Board has remanded the case for further development, including obtaining medical opinions and non-VA treatment records. The Veteran's cause of death is being evaluated to determine if his service-connected conditions contributed to or caused his death.

The Veteran's claim for service connection for right knee osteoarthritis has been reopened and granted.,Service connection was denied for left knee degenerative arthritis, but the claim is being remanded.

The Veteran's claims for service connection for dental disability and a higher rating for his right knee condition are being remanded due to the need for additional evidence, including VA treatment records, and a new examination.

The Board denied the Veteran's claim for service connection for a left knee disorder, including arthritis, chondromalacia, and meniscus tear, as well as secondary service connection to his service-connected lumbar spine arthritis. The evidence did not show an in-service injury or disease of the left knee, nor were there chronic symptoms during service. The current left knee disorders are not related to service.

The Board has remanded the Veteran's claims for service connection for left shoulder, lumbar spine, right knee, and left knee disorders due to incomplete compliance with previous remand directives and outstanding VA treatment records.

Service connection for arthritis of the right and left knees has been granted.,Service connection for an acquired psychiatric disorder, a right eye disorder, and bilateral hearing loss have not been established.

The Veteran is granted increased ratings of 20 percent for limitation of flexion in both knees and a separate rating of 10 percent for instability of the left knee, effective September 9, 2016.

The Veteran's right knee total arthroplasty has not met the criteria for a higher rating than 30 percent since March 1, 2017.

The Board has determined that additional development is needed to determine the nature and etiology of any knee disorders, including whether they are related to service or secondary to service-connected shin splints.

The Veteran's claims for service connection for GERD, splenectomy as secondary to GERD, and left knee disability have been reopened.,Service connection has been granted for GERD. The Board found the evidence at least in equipoise that the Veteran's GERD is etiologically related to long-term use of NSAIDs used to treat his service-connected right ankle sprain.