Knee decisions — 2023

The Veteran was granted service connection for bilateral hearing loss. Prior to August [REDACTED], 2016, the Board denied nonservice-connected pension benefits due to the Veteran's employment and net worth.,From August [REDACTED], 2016 to February 29, 2020, the Board granted nonservice-connected pension benefits as the Veteran met all criteria for basic entitlement.

The Veteran's tinnitus was denied as it did not manifest within one year of separation from service and is not otherwise related to active service.,Service connection for an acquired psychiatric disorder, including adjustment disorder and depression, was denied due to lack of evidence showing the disorders began during or were related to service. The earliest reported onset was many years after discharge.,The Veteran's right knee disability was denied as there was no diagnosis in service or post-service that could be linked to active duty. No current disability was found by VA examinations.,Similarly, the left knee disability was denied due to lack of a diagnosed condition and no link to service.

The Board has determined that additional evidence is needed to determine the etiology of the Veteran's claimed disabilities, and therefore, the appeal is being remanded for further development.

The Board has remanded the Veteran's claims of service connection for low back, left foot, right foot, left knee, and right knee disabilities due to the need for further medical examination and opinion regarding the nature and etiology of these conditions.

The Veteran's right and left knee disabilities, following surgeries, are rated at 60 percent each from January 1, 2020, to February 6, 2021.

The Board has remanded the service connection claim for a left knee condition due to conflicting evidence regarding its onset and relationship to active duty.,Veteran contends her left knee condition began during service, but post-service records show she underwent surgery.

The Board has remanded the claims for service connection for left knee, right elbow, and cervical spine disabilities due to inadequate examinations. The Veteran's disability claims are currently pending.

The Veteran's left knee meniscal impairment and instability have been granted separate ratings. The Veteran's left knee limitation of flexion has also been granted a separate rating, all from October 2, 2009 onwards.

The Veteran's headaches are rated at the maximum schedular rating of 50 percent. The Veteran's PTSD is currently rated at 70 percent, effective January 20, 2017. Other service-connected conditions have been assigned specific ratings.

The Veteran's claims for service connection for right and left knee disabilities have been remanded due to the need for additional evidence, including Service Treatment Records from his first period of service. The VA will attempt to obtain these records or conclude that they do not exist.

The Veteran's claims for increased disability ratings are being remanded as the most recent VA examinations do not provide sufficient information to determine the current severity of his service-connected conditions. He needs new examinations to accurately assess the extent and severity of his headaches, depressive disorder, and right knee patellofemoral pain syndrome with arthritis.

The Board dismissed the claims for service connection due to the appellant's death.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically for bilateral knee condition, bilateral hearing loss, and cervical spine condition. The Veteran's claim for back condition is also denied.,Service connection was denied for all issues due to lack of credible evidence supporting in-service incurrence or aggravation of the conditions.

The Veteran's claim for service connection of right knee, low back, neck, and right hip disorders is granted as new and material evidence has been received. The Board finds that the current right knee, right hip, low back, and/or neck disorders are related to his service-connected left ankle disability.

The Veteran's claims for increased ratings for his service-connected left knee disability are being remanded due to the need for further development, including obtaining private treatment records and considering the appropriate rating criteria for a total left knee replacement.

The Veteran's claims for depression, memory loss, and social anxiety are denied as there is no evidence of a separate psychiatric disorder from his service-connected PTSD.,The claim for an undiagnosed illness (claimed as Gulf War syndrome) is denied due to lack of objective indications of a chronic disability.

The Board has remanded the claims of service connection for various conditions due to additional VA records being added to the case file.

The Board has granted service connection for left and right knee disabilities as secondary to the Veteran's service-connected low back disability. However, the cervical spine disability claim is remanded due to inadequate rationale in the previous opinion.

The Board has remanded the Veteran's claims for additional development due to his failure to report for a VA examination and lack of service records in Iraq.

The Veteran's initial rating for left knee strain was granted from December 2, 2008 to September 3, 2010. From September 3, 2010 to March 1, 2015, the Veteran received a rating in excess of 40 percent for his condition. The rating was then reduced to 40 percent from March 1, 2015 to June 6, 2019 and further reduced to 30 percent from June 6, 2019 to July 10, 2020. A rating in excess of 30 percent was denied for the period after July 10, 2020. The Veteran also received an initial rating of 20 percent for left knee instability.