Knee decisions — 2023

The Board denied service connection for right knee, lumbar spine, cervical spine, and bilateral hip disorders due to a lack of evidence showing the conditions were incurred or aggravated during active duty.,Service connection was not granted as secondary to a right knee disorder.

The Veteran's claims for increased ratings of his knee and ankle disabilities have been denied. The left knee disability remains at a 10% rating, while the right knee disability has been decreased to a 0% rating effective March 6, 2023. The right ankle disability continues to be rated as 10%. There is no indication of service connection via a presumption or reopening on new evidence.

The Board has determined that the Veteran's claimed hip, knee, and ankle disabilities are not service-connected as they are not related to his active duty service.

The Board has ordered that the AOJ should consider whether a disability rating in excess of 20 percent for left knee instability under the provisions of Diagnostic Code 5257 is warranted, to include an explicit comparison of the newer and older regulatory criteria for the instability-based ratings since February 7, 2021. The Board has also ordered that the AOJ should clarify whether the Veteran seeks to establish entitlement to a TDIU.

The Board denied the Veteran's claim for total disability due to individual unemployability (TDIU) based on his service-connected bilateral knee disabilities and tinnitus, finding that he is not unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities are being remanded due to the need for additional examinations to assess their current severity.

The Board has remanded the Veteran's claims for increased ratings and TDIU as there was not substantial compliance with the March 2022 Board Remand. The claims are also remanded to determine if flare-ups caused additional limitation of motion in the left elbow, knee, or both during a VA examination.

The Board has decided that the Veteran's claims for service connection and initial ratings for tinnitus, left knee surgical scar, bilateral hearing loss, and right knee tendonitis need to be remanded due to procedural issues.

The Board has determined that the Veteran's claims for service connection and initial ratings higher than 10 percent each for right and left knee strain require additional medical examination to determine the nature and etiology of his claimed conditions.

The appeal for service connection for diabetes mellitus type II is dismissed as the RO granted it in a March 2021 rating decision. The remaining claims of service connection for right shoulder and left knee disabilities are remanded.

The Board has reopened the Veteran's claims for service connection for various hip, ankle, hand, knee and shoulder disabilities. However, due to insufficient evidence regarding current diagnoses and continuity of symptoms since service, these issues are being remanded for further development.

The Veteran's claims for higher ratings for his service-connected left and right knee strain disabilities are being remanded due to concerns about the adequacy of previous VA examinations and potential regulatory changes.

The Board has decided to remand the Veteran's claims for dizziness, left knee disability, and right shoulder disability due to insufficient medical opinions regarding their etiology. The cases are being sent back for further examination and opinion.

The Board has remanded the case due to inadequate reasons and bases for denying the Veteran's claim for an increased rating, specifically regarding the findings in the January 2020 and May 2021 VA examination reports.

The Board denied the appellant's claim for service connection for joint pain of the ankles, knees, lower legs, shoulders, arms, and wrists due to his failure to report for a necessary examination without good cause. The available evidence did not support a conclusion that these conditions were incurred in or related to active service.

The Board has remanded the Veteran's claims for service connection for various conditions due to incomplete review under the modernized review system.

The Board has determined that additional development is needed to determine the nature and etiology of any right knee, right foot, left knee, and left foot disorders. The Veteran's service records indicate possible exposure during service but no specific exposure basis was provided.

The Board has reopened the Veteran's service connection claim for a left knee disability and granted it. The right knee disability is rated at 10 percent, effective from August 7, 1998.

The Board has remanded the Veteran's claims for additional development due to inadequate medical examinations and failure to address relevant lay reports regarding post-service continuity of symptomatology.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examination records and development of evidence.