Knee decisions — 2023

The Veteran's appeal for an initial disability evaluation in excess of 30 percent for bilateral pes planus with plantar fasciitis has been dismissed. The cases for degenerative arthritis of the left and right knees have been remanded, as well as the claim for a total disability rating based on individual unemployability.

The Veteran's appeals for increased ratings on multiple service-connected disabilities have been dismissed due to his withdrawal of the appeal.

The Veteran's appeal of the denial of a compensable rating for residual scarring and HPV infection has been withdrawn.,The claim for an evaluation greater than 10 percent prior to January 29, 2021, for PTSD is remanded due to insufficient evidence of occupational and social impairment.

The Board has granted service connection for left knee strain with patellar tendonitis and left shoulder degenerative disc disease. The appeal regarding a left shoulder disability, neurologic is remanded.

The Veteran's major depressive disorder is denied as there is no evidence it was caused or aggravated by service.,Ratings for right and left knee degenerative arthritis are denied as the current flexion and extension limitations do not meet the criteria for a higher rating.

The Veteran's claims for higher initial ratings for his right knee, bilateral hip, and lumbar spine disabilities have been denied. The Board found that the evidence did not meet the criteria for the requested increased ratings.

The Veteran's lumbar spine disability was restored to a 60 percent evaluation, effective January 1, 2019. Service connection for PTSD and other conditions were denied.

The Board has granted service connection for the Veteran's left knee disability, finding that it is at least as likely as not related to a fall he experienced while serving in Kuwait.

The Board has decided to remand the cases for a new VA examination to assess the current severity of the Veteran's service-connected bilateral knee disabilities.

The Board has decided to remand the case due to concerns about the competency of a VA examiner and the need for additional development regarding the Veteran's right knee disability.

The Veteran's claims for increased disability ratings for service-connected lumbar disc bulge and right knee degenerative arthritis are being remanded due to the need for additional examinations to assess the extent of functional impairment during flare-ups.

The Board has determined that new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for a right knee disorder. The Veteran's current diagnosis of right knee pain is based on VA treatment records from December 2014, which were not previously part of the actual record before the AOJ at the time of the April 2011 rating decision and provides new information that addresses whether the Veteran had a pre-existing condition or if his current condition is related to service. The Board has also determined that remand is necessary for an addendum opinion regarding bilateral hearing loss, as well as for a VA examination to determine the nature and etiology of any current right knee disorder.

The Veteran's claims for increased ratings and remand have been addressed. The hearing loss claim is denied, the right foot disability claim has been granted with a 10% rating, and both knee issues are being remanded for further evaluation.

The Veteran's claims for increased disability evaluations for his service-connected left ankle and left knee disabilities have been denied. The current ratings of 10 percent are considered appropriate based on the limited range of motion demonstrated.

The Veteran's initial rating for the psychiatric disorder is denied, and a higher rating of 70% is also denied. For the increased rating period on appeal from January 11, 2018, a 20% disability rating for right knee meniscus tear and ACL repair is granted.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine has been granted. The issues of entitlement to service connection for left hand, right hand, and knee conditions have been remanded.

The Board has remanded the case due to inadequate development of records related to the Veteran's left knee disability, including a waiver provided upon entry into service and any related medical records. The RO is instructed to attempt to locate these records and obtain a supplemental VA opinion regarding the nature and etiology of the Veteran's left knee disability.

The Board has remanded the cases for further development due to inadequate medical opinions regarding service connection for various conditions.

The Veteran's claims for increased ratings and earlier effective dates have been remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for restoration of a 10 percent rating for left knee instability from October 16, 2018 to February 7, 2021 is granted. The claims for evaluations in excess of 10 percent for left knee instability and arthritis are remanded.