Knee decisions — 2023

The Veteran's right knee instability has been rated at 10 percent for the entire period on appeal. The Board found that the evidence does not warrant an increased rating under DC 5257 for instability of the right knee, as it is most consistent with a finding of slight instability.

The Veteran's appeal of the claim for service connection for bilateral hearing loss has been withdrawn. The claims for service connection for a left knee disorder, right ankle disorder, and asthma have been reopened based on new evidence received since the August 1995 denial. Service connection is granted for degenerative joint disease of the left knee and asthma.

The Board has decided that the Veteran's left knee disability is not caused or aggravated by his service-connected right knee disability, and thus remands for a new VA medical opinion to address this issue.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support a compensable rating for bilateral hearing loss, headaches, or duodenal ulcer. Sinusitis was granted on a presumptive basis, but the Veteran still does not meet the criteria for a higher rating prior to January 29, 2019 and thereafter.,The Board also denied service connection for various conditions including bilateral pes planus, left foot hallux valgus, right foot hallux valgus, shoulder disabilities, heart disability, acquired psychiatric disability, upper extremity peripheral neuropathy, knee disability, low back disability, and neurological disabilities. The Veteran's claims were previously denied in 2016 but new evidence was submitted to reopen these claims.

The Board has remanded the Veteran's claims for increased ratings for left and right knee patellar tendonitis due to new evidence not previously considered by the AOJ.

The Board has determined that additional development is needed to determine the current severity and manifestations of the Veteran's service-connected knee disabilities, including considering the ameliorative effects of medication. The case will be remanded for a VA examination.

The Board has denied the Veteran's claims for service connection for right knee disability, left knee disability, scar from a lower lip laceration, tinnitus, and unspecified back disability. The evidence did not support a finding that any of these conditions began during active service or were related to in-service injuries or diseases.

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected right knee disability and osteoarthritis of the left knee due to a lack of recent VA examinations, which may have provided updated information on the severity of these conditions.

The Board has remanded the case due to inadequate medical findings in a previous VA examination, specifically regarding range of motion measurements and pain with weight-bearing and non-weight-bearing.

The Veteran's claims for increased ratings and separate disability ratings were denied. The left knee degenerative joint disease was rated at 10 percent, while the Veteran received separate ratings for dislocated semilunar cartilage (20%), symptomatic removal of semilunar cartilage (10%), and instability (10%).

The Board has denied the Veteran's claims for service connection for left knee disability and major depressive disorder. The claim for obstructive sleep apnea is remanded due to insufficient evidence.

The Veteran's service-connected disabilities, including his thoracolumbar spine disability and multiple joint conditions, prevent him from obtaining and maintaining substantially gainful employment. The Board has granted a total disability evaluation based on individual unemployability (TDIU).

The Board has remanded the cases for additional development and consideration of service connection for obstructive sleep apnea (OSA) as secondary to service-connected disabilities, increased rating for sialoadenitis, and increased rating for left knee disorder.

The Veteran's claims for increased disability rating for thoracolumbar spine, service connection for right knee disability, and entitlement to TDIU prior to October 27, 2022 are all remanded due to the need for additional medical examinations and evaluations.

The Veteran's lumbar spine, left knee, and right inguinal hernia disabilities have been granted service connection.,Service connection for a bilateral foot disability, skin condition (claimed as dermatitis), and lung or respiratory condition (claimed as bronchitis) is remanded.

The Veteran's appeal of service connection for an undiagnosed illness due to burn pit exposure is dismissed. The Board also remanded the issues of service connection for residuals of a head injury, left elbow disorder, left knee disorder, respiratory disorder, and bilateral hearing loss.

The Board has remanded the cases for further development and readjudication due to additional evidence being added to the claims file.

The Board has granted service connection for the Veteran's right and left knee disabilities, finding that there is at least as much evidence to support these conditions having been incurred during his military service.

The Veteran's claim for service connection for hypertension was denied in October 2011, and new evidence submitted since then has not been sufficient to reopen the claim. The claims for a rating more than 10 percent for patellofemoral pain, left knee; service connection for an acquired psychiatric disorder (also claimed as depression with anxiety); and service connection for obstructive sleep apnea are all remanded.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling an examination to assess the severity of his hearing loss and left knee conditions.