Knee decisions — 2023

The Board has remanded the cases for further action consistent with a Joint Motion for Partial Remand (JMPR). The Veteran is seeking service connection for right knee and back disorders, but the evidence does not support these claims.

The Board has remanded the Veteran's claims for higher ratings for his right hip and knee disabilities, as well as his claim for Total Disability Rating Based on Individual Unemployability (TDIU) prior to November 30, 2016. The reasons are that not all requested medical records have been obtained.

The Veteran's claims for service connection have been reopened, and the Board has ordered remand for further development regarding his cervical spine condition, bilateral upper extremities radiculopathy conditions, right knee condition, left hand carpal tunnel condition, and right hand carpal tunnel condition.

The Veteran has withdrawn all his appeals regarding the service connection and rating for various conditions, including lumbar spine disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, right ankle disability, right knee disability, obstructive sleep apnea, and diabetes mellitus.

The Veteran's bilateral knee condition is currently rated at 10 percent for each knee, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's increased disability ratings for his service-connected left and right knee disabilities are being remanded due to the need for additional examinations and development of records.

The Veteran's right knee disability is currently rated at 10 percent prior to April 21, 2023 and 20 percent from that date. The Board has found the VA examination report inadequate for adjudication purposes due to lack of range of motion testing in weight-bearing and non-weight-bearing conditions. Therefore, a remand is required to obtain a complete knee examination. Additionally, as there is potential for changes in disability ratings with the requested development on the Veteran's right knee disability claim, the TDIU issue is also remanded.

The Board denied an earlier effective date for the grant of service connection for residuals of a right knee injury, finding that the claim was not filed until January 12, 2012.

The Board has determined that the Veteran's service-connected right and left knee disabilities render him unable to obtain or maintain gainful employment since November 17, 2009.

The Board has determined that the Veteran's right knee disability and chest pain cases require further examination and development, as the current evidence is insufficient to make a determination.

The Veteran's claim for service connection for degenerative arthritis of the left knee has been granted. The claim for a higher rating for his left ankle disability is denied, and the claim for service connection for his skin disability is remanded.

The Board denied service connection for a lumbar spine disorder and a right leg disorder (other than right knee sprain with degenerative joint disease) as the evidence did not support that any current disability was incurred in or caused by active service.

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations to determine the current severity of his service-connected hip and knee disabilities.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed back, right knee, plantar fasciitis disabilities, as well as his sleep apnea. The claims are being remanded for additional examinations and opinions.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to September 5, 2014 was denied. The earlier effective date for Dependents' Educational Assistance (DEA) was granted and set at the same time as the grant of a 100% service-connected disability rating, which is September 5, 2014.

The Veteran's claims for bilateral hearing loss and service connection for a lower back disability, left knee degenerative arthritis, right knee degenerative arthritis, left knee instability, and right knee instability are being remanded.,An effective date prior to July 23, 2010, is denied for the grants of service connection for left and right knee degenerative arthritis.

The Veteran's right knee chondromalacia and recurrent subluxation with instability have been granted increased ratings, but the limitation of extension has not met criteria for a higher rating.

The Veteran was granted TDIU for the period from January 1, 2017, but not earlier.,For the period from May 8, 2013, to December 31, 2016, the Veteran's employment did not meet the criteria for TDIU as his income exceeded the poverty threshold.

The Board has remanded the cases for further development, including obtaining private medical records and scheduling a VA examination to evaluate the Veteran's cervical spine disability. The issues are inextricably intertwined with the TDIU claim.

The Board denied the Veteran's claim for service connection for a right knee disorder, finding that there was no evidence of chronicity or direct causation and that the March 2023 VA examiner's opinion supported this conclusion.