Knee decisions — 2023

The Veteran's bilateral hearing loss and knee disorders are related to his military service, but the claims for right and left knee disorders need further examination as they were not addressed in the initial decision.

The Veteran withdrew his appeals for the compensable rating for a metallic foreign body (FB) left 5th finger, service connection for bilateral hearing loss, right knee disorder, left knee disorder, sleep apnea, and sleep disturbance.

The Board has determined that additional development is needed to correct pre-decisional duty to assist errors for the Veteran's claims of service connection for a right knee disorder and an inguinal hernia. The claims are being remanded for further examination and opinion.

The Board has decided to remand the case due to a duty-to-assist error regarding missing VA treatment records from 1985 to 2007. The Veteran's right knee condition claim will be reconsidered with these additional records.

The Veteran's right knee disability is granted service connection, while her cold injury residuals of the right and left fingers are denied due to lack of a causal link to service.

The Veteran's right knee arthritis is at worst manifested by painful motion of the joint, which warrants an initial rating of 10 percent.

Your appeals for restoration of service connection for right knee strain with chondromalacia, right knee instability, left knee strain with chondromalacia and tendinitis, and left knee instability have been dismissed as the issues have already been granted by the AOJ.

The Veteran's low back disability is rated at 40 percent, effective as of the date of this decision.,Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathy.

The Veteran's claims for service connection for a groin condition, right knee condition, and eye condition have been denied as there is no probative evidence showing a nexus between the current conditions and military service.,While the Veteran provided lay testimony of in-service injuries, the Board found that he did not provide competent medical evidence to support his claims.

The Board has granted increased ratings for the Veteran's left knee conditions but denied a higher rating for extension limitations. The Veteran now receives separate disability ratings for each condition.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining and considering certain records, including SSA disability claim records and in-service hospital records. The Veteran is also required to undergo additional VA examinations to address his claims.

The Board has granted special monthly compensation (SMC) based on the need for aid and attendance due to the Veteran's service-connected disabilities, which include posttraumatic stress disorder, right knee limitations, tinnitus, left ear hearing loss, and other conditions. The evidence shows that the Veteran requires significant assistance with daily activities such as dressing, bathing, grooming, and attending to hygiene needs.

The Board has found that new and relevant evidence has been secured with respect to the claim of cervical spine condition (claimed as neck pain), and therefore, reconsideration is warranted. The Veteran's bilateral degenerative arthritis of the knees was aggravated beyond its natural progression due to his military service.

The Board has denied the Veteran's claims for service connection for left knee meniscal tear and degenerative arthritis, right knee chondromalacia, degenerative arthritis, and disruption of medial collateral ligament. The claim for lumbosacral strain with degenerative arthritis is remanded.

The Veteran's TDIU claim is dismissed as moot because he is already receiving a 100% evaluation for his acquired psychiatric condition, and the additional service-connected knee disability does not render him unemployable.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran has withdrawn all of his pending claims and appeals, including those related to bronchitis, dermatitis, tremors, chronic fatigue syndrome, right knee strain, low back strain, multiple scars on the left side of body, sinusitis with headaches, radiculopathy of the right lower extremity sciatic nerve, left shoulder rotator cuff tendonitis with degenerative arthritis, and irritable bowel syndrome.

The Veteran's claim for additional retroactive VA disability compensation benefits under the Concurrent Retirement and Disability Payment (CRDP) program is remanded due to insufficient information from the retired pay center and DFAS records. The AOJ must provide a detailed review of the Veteran's compensation award, specifically for the period prior to April 1, 2019.

The Board denied the Veteran's claims for service connection for left knee strain, right knee strain, LLE radiculopathy, and RLE radiculopathy as new and relevant evidence was not submitted.

The Veteran's appeal for an earlier effective date for right knee degenerative arthritis is dismissed as it is a freestanding claim not subject to review in the context of this appeal.,The Veteran's appeal for a disability rating in excess of 10 percent for right knee degenerative arthritis is remanded due to need for clarification on whether the condition involves the meniscus.