Knee decisions — 2023

The Veteran's TDIU claim is granted from July 16, 2013. All service connection claims are remanded.

The Board has determined that the Veteran's claims for cervical spine disorder, right knee disorder, bilateral hip disorder, and associated lumbar radiculopathy are remanded due to insufficient development of evidence. The AOJ is instructed to search for missing service records and provide a new opinion from an appropriate clinician regarding the onset and causation of these conditions.

The Veteran's claims for higher initial ratings for his service-connected bilateral knee conditions, SMC based on the need for regular aid and attendance, and SMC based on housebound status are being remanded.,Separate ratings for left and right knee instability prior to October 10, 2009 are also being remanded.

The Board has dismissed the Veteran's appeals for service connection to right knee degenerative arthritis and an initial rating in excess of 10 percent for his left ankle condition due to a withdrawal by the Veteran.

The Veteran's appeal is partially granted, with a 70 percent rating for PTSD and remanded for further evaluation of his right knee condition. The issues to be addressed are the increased ratings for both conditions.

The Board has denied the Veteran's request for an earlier effective date for the grant of service connection for tinnitus, and has remanded the issues of service connection for left knee disability, bilateral hearing loss, and increased evaluation for cataract with extraction, and IOL OS with glaucoma, macular pigment alteration and vitreous hemorrhage.

The Veteran's lumbar spine and left knee disabilities are granted as service connected. The effective date for the award is February 14, 2018.

The Veteran's service-connected disabilities are considered to be so severe that they prevent him from obtaining or maintaining a substantially gainful occupation.

The Board has determined that the VA examinations and opinions are inadequate for adjudicative purposes, and thus remanded the case to obtain further clarification on the etiology of the Veteran's bilateral knee disorders.

The Veteran's claims for increased ratings for lumbosacral spine, cervical spine, left knee, and right knee disabilities have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran has withdrawn their appeals regarding the service connection for low back, left knee, and left hip disorders. As a result, these issues are dismissed.

The Veteran's claim for service connection of left knee joint disabilities is remanded due to insufficient evidence regarding the etiology and relationship to service, including a rocket explosion during combat. A new VA examination is required.

The Board denied the Veteran's claims for service connection for right and left knee disabilities, finding that there was no causal link between his current knee conditions and his active service or any service-connected disability.

The Board denied service connection for respiratory, right knee, and left knee disabilities due to lack of evidence showing in-service injury or aggravation.

The Veteran's appeal is remanded due to evidence of possible worsening of his service-connected left knee disability, and a VA examination is needed to assess the current level of severity.

The Board has remanded the Veteran's claims for additional development due to missing service medical records and difficulty in notifying the Veteran of examination dates.

The Veteran's claims for increased ratings and service connection have been granted. The right knee strain, left knee strain, lumbar strain, cervical strain, laryngopharyngeal reflux disease (LPRD), and sleep apnea are all rated at the 10% level. The anterior palatoplasty and uvuloplasty scar claim is denied.

An effective date of October 26, 2011 for the grant of service connection for PTSD is granted. The Veteran's claims for increased ratings and TDIU are remanded.

The Board has determined that the Veteran's Substantive Appeal was timely filed, allowing him to continue pursuing his claims for increased ratings and earlier effective dates for various conditions.

The Veteran withdrew his appeals regarding service connection for lumbar spine, left knee, right knee, and rhinitis conditions. The appeal of whether new and material evidence was presented to reopen a claim for diabetes mellitus, Type II is dismissed. The appeal of whether new and material evidence has been received to reopen a claim for sinus condition is denied.