Knee decisions — 2023

The Veteran's bilateral hip strain and knee strain are related to service, but the issue of acquired psychiatric disorder (to include sleep apnea) is remanded for further development.,Additional evidence is needed to determine if the Veteran has a current diagnosis of PTSD or GAD, and whether his acquired psychiatric disorder is related to service.

The Veteran's claims for bilateral hearing loss and tinnitus have been granted. The claims for left knee disorder and right knee disorder are remanded due to duty-to-assist errors.

The Veteran's claims for increased disability evaluations for his left knee disabilities and service connection for residuals of a head injury and aortic aneurysm are being remanded due to duty-to-assist errors.,The Veteran's claim for TDIU is also being remanded as it was reasonably raised by the Veteran prior to the August 2023 rating decision on appeal.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to the appellant's withdrawal of the appeal.

The Board has remanded the Veteran's claims for sleep apnea, left foot disability and right foot disability, bilateral knee strain (left and right), and right hip disability due to additional development being necessary.

The Board has remanded the service connection claims for a psychiatric disorder due to lack of sufficient evidence and need for further development.

The Veteran's claim for a higher rating for obstructive sleep apnea was denied, while his claim for TDIU was granted.

The Board has remanded the Veteran's claims for service connection for right knee, left knee, and left ankle disabilities to include osteoarthritis. The kidney disability claim is also remanded.

The Veteran's right knee limitation of extension was found to be no more than 5 degrees, even considering flare-ups and repeated use over time. The Veteran is not entitled to a compensable rating for his right knee extension prior to October 17, 2023.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not show functional loss equivalent to flexion limited to 30 degrees or less in either knee, nor did it show a current diagnosis of upper airway resistance syndrome, mucosal neoplasm of oral cavity, or gynecological condition for VA compensation purposes.,The Veteran's claims for service connection for CTS were also denied. The Board found that the evidence did not show any current symptoms or functional impairment related to these conditions.

The Veteran's right knee disability, including osteoarthritis and a meniscus tear prior to partial replacement, is rated at 20% from March 26, 2014, to June 8, 2015. The post-replacement residuals are now rated at 30%, encompassing previous separate ratings.

The Veteran's appeal for service connection on the issues of migraines and headaches, severe body aches and joint pain, bilateral knee condition, bilateral ankle condition, sleeping disorder, bilateral wrist condition, bilateral hip condition, squamous cell carcinoma, and fatigue has been dismissed. Service connection is granted for PTSD.

The Board denied the Veteran's claims for service connection of right and left knee disabilities, as well as his claim for a compensable disability rating for service-connected pleurisy tuberculosis. The denial is based on the absence of new and material evidence that would support a finding of service connection.

The Board has remanded the claims of service connection for various knee and wrist conditions due to new evidence submitted by the Veteran.

The Board has denied the Veteran's claims for service connection for left and right knee disorders, as well as for an acquired psychiatric disorder (major depressive disorder), tinnitus, and bilateral hearing loss. The issues of service connection for these conditions are remanded.

The Veteran's claim for a higher disability rating for tinnitus has been denied as the condition is not shown to have been so exceptional or unusual as to render impractical the application of the regular schedular standards.,The Veteran's claims for increased ratings for gouty arthritis of his knees, ankles, and feet are remanded due to inadequate examination reports.

The Board has remanded the Veteran's claims for service connection for bilateral knee pain, hepatitis, bilateral hearing loss, and tinnitus due to missing treatment records and the need for additional medical examinations.

The Veteran's left knee disability is remanded for further examination and opinion to determine if it is at least as likely as not related to his service, including the strenuous physical activities he reported.

The Board denied the Veteran's claim for TDIU prior to September 30, 2020, finding that his service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment.

The Veteran's claim for a rating in excess of 30 percent for an acquired psychiatric disorder is denied. Service connection for hypertension (HTN) is granted and the appeal is remanded for further examination to determine if service connection should be granted for bilateral foot, knee, neck, or right shoulder disorders.