Knee decisions — 2023

The Veteran's claim for service connection for a left knee disability, to include as secondary to his right knee patellofemoral syndrome was denied. His claim for an increased rating for right knee patellofemoral syndrome with meniscal tear residuals was granted at a 10 percent rating effective November 17, 2016. The Veteran's claims for a compensable rating for residuals of a fractured nose with deviated nasal septum and TDIU were denied.

The Board has remanded the Veteran's claims for service connection for left foot, left knee, and right knee conditions due to lack of substantial compliance with previous remand directives.

The Veteran's service-connected bilateral knee disabilities render him unable to secure or follow substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for special monthly compensation (SMC) based on housebound status prior to October 10, 2014, is denied as he does not meet the threshold requirements for SMC housebound benefits.

The Veteran's migraine headaches are rated at 50% effective August 25, 2015. The Board has remanded the issues of service connection for a left knee disorder and increased ratings for bilateral plantar fasciitis, GERD, and major depressive disorder.

The Board has determined that the Veteran's hypertension and sleep apnea are not service-connected, but has found that his left knee condition may be secondary to his right knee disability. The case is being remanded for further development.

The Veteran's claims for increased ratings and service connection have been denied. The right ankle, left ankle, and left knee scars are not rated higher than the current 10 percent due to their non-painful and stable nature.,Tonsillitis is currently assigned a 10 percent rating, which is the maximum allowed under Diagnostic Code 6599-6516. Bilateral hearing loss and tinnitus do not warrant additional ratings.

The Board has determined that the current evidence is insufficient to establish a service connection for ED, and thus remands the case for an addendum opinion.

The Veteran's claim for service connection for a liver disability, as secondary to his service-connected polycystic kidney disease, was denied. The Board found that there is no evidence of a current diagnosis of a liver disability at any time during the pendency of the appeal.

The Veteran's appeals for service connection on the issues of migraines, rhinitis, left leg calf muscle disability, increased rating for left shoulder disability, and earlier effective dates were dismissed. The Veteran was granted service connection for genital warts with penile pain, left ankle sprain, left knee patellofemoral pain syndrome, and right knee patellofemoral pain syndrome.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to incomplete development, including a missed VA examination. The case is returned to the AOJ for further action.

The Veteran's claims for service connection for traumatic brain injury, headache disability, and right knee disability have been denied. The Board found no evidence of a TBI during service or any chronic residuals related to an in-service injury. There is also no causal link between the current headaches and the motor vehicle accident in service. Regarding the right knee disability, there was no indication of a pre-existing condition that began during service or within one year after separation from service.,The Board concluded that the Veteran's current conditions are not related to his military service.

The Veteran's appeals for earlier effective dates for service connection and SMC were dismissed as they did not meet the procedural requirements under the modernized review system (AMA).

The Board has extended the temporary 100% rating for the total left knee replacement to March 16, 2022 based on the prior version of DC 5055 which is more favorable.

The Veteran's claims for service connection have been granted due to the submission of new and relevant evidence. The specific conditions at issue are an acquired psychiatric disorder, bilateral hearing loss, right knee disability, left knee disability, left hand disability, and liver disorder (claimed as liver transplant).

The Veteran's service-connected lumbar spondylolysis is found to be the primary cause of his obstructive sleep apnea, and he is granted service connection for OSA as secondary to this condition. The effective date remains April 28, 2000.

The Veteran's service-connected disabilities, including PTSD, lumbar strain with degenerative joint disease, hiatal hernia, migraines and migraine variants, right knee chondromalacia and medial meniscus tear, and rheumatoid arthritis (presumed due to Agent Orange exposure), prevent him from securing and maintaining substantially gainful employment. The Board has granted the Veteran's claim for total disability rating based on individual unemployability.

The Veteran's service-connected disabilities, including headaches, traumatic brain injury, low back condition, right knee and hand conditions, and neck condition since February 28, 2008, have rendered him unemployable from December 18, 2007 to July 23, 2008. His basic eligibility for Dependents' Educational Assistance (DEA) was granted on the same dates.

The Veteran's service-connected right ankle lateral collateral ligament sprain and left ankle strain are found to have caused his right knee arthritis.,VA is remanding the claims for service connection for a left foot disability, PTSD, and headaches.

The Veteran is granted a separate 10 percent rating for symptomatic removal of semilunar cartilage in the right knee, but denied a higher rating for their overall right knee disability.