Knee decisions — 2023

The Veteran's cervical strain, thoracolumbar spine degenerative arthritis (back disability), right and left lower extremity radiculopathy, right upper and left upper extremity radiculopathy, degenerative arthritis of the knees, and knee limitations are remanded for further development.

The Board has remanded the Veteran's service connection claims for several disabilities, including an acquired psychiatric disability, bilateral knee and foot disabilities, a vision disability, and a low back disability. The claims are being remanded to obtain information about the Veteran's periods of active duty, conduct VA examinations, and determine the current severity of his service-connected left inguinal hernia, torn right hamstring, and bilateral hearing loss.

The Veteran's service-connected disabilities do not render him unemployable at any point during the period on appeal.

The Board has remanded the claims for service connection for a disorder of the third nail of the left hand and a right knee disorder, to include as due to service-connected lumbar spine spondylosis. The Veteran will have an opportunity to submit additional evidence and VA will provide advisory medical opinions.

The Board dismissed the Veteran's claims for service connection of cervical spine, right knee, and left knee disabilities. The lung disability claim was denied as there is no evidence of a current disability. Radiculopathy claims were also denied.

The Board has remanded several issues related to the Veteran's claims, including service connection for hearing loss, tinnitus, bilateral shoulder disabilities, a right knee disability (including below the knee amputation), and right lower extremity radiculopathy. The specific nature and etiology of these conditions will need to be addressed through further examination and opinion.

The Veteran's PTSD is granted, but the claims for right knee disability and TBI residuals are remanded due to insufficient evidence.

The Veteran was granted a TDIU from November 10, 2018, due to service-connected depressive disorder. He also qualified for special monthly compensation based on housebound status.

The Veteran's initial increased rating for left knee disability prior to February 2, 2016, is denied. A separate 20 percent evaluation for dislocated semilunar cartilage of the left knee prior to February 2, 2016, is granted. The Veteran's status post total left knee arthroplasty from April 1, 2017, warrants a 60 percent rating.

The Veteran's right knee instability is rated at a separate 10 percent disability rating, effective from the date of the decision. A temporary total rating for a total right knee replacement was granted effective December 16, 2013. The Veteran also received a 30 percent disability rating following a period of temporary total rating due to convalescence for his right knee post-traumatic osteoarthritis prior to July 11, 2019.,The appeal is remanded as the issues regarding entitlement to increased ratings and service connection are not fully addressed.

The Veteran seeks earlier effective dates for the grants of service connection for bilateral knee disabilities and increased ratings for his back disability. The Board finds that the claims are not properly before it due to procedural issues.,The Veteran's appeal of an earlier effective date for his bilateral knee disabilities constitutes a freestanding effective date claim, which VA has no authority to adjudicate.

The Board has dismissed the Veteran's claim for service connection for a right leg joint condition, including osteoarthritis of the right knee and/or hip, as secondary to a service-connected lumbar strain disability.

The Board has granted service connection for peripheral artery disease, hypertension, atrial fibrillation, amputation below the right knee, and amputation below the left knee as secondary to service-connected diabetes. The initial disability rating for diabetes remains at 20 percent.

The Board denied the Veteran's claim for service connection for his left knee disorder, finding that it did not begin during service or manifest to a compensable degree within one year of separation and continuity of symptomatology is not established. The Board determined that the post-service injury in 1999 was the cause of his current disability.

The Board has determined that the Veteran is entitled to a TDIU for the period prior to June 1, 2015, excluding periods of temporary total ratings for his right knee disability. The decision is based on the Veteran's service-connected disabilities and their impact on his ability to secure or follow a substantially gainful occupation.

The Veteran's claim of service connection for pseudofolliculitis barbae was dismissed as the Veteran withdrew his appeal.,Service connection for left knee disability, back pain, and headaches were reopened and granted.

Service connection for a respiratory disability is granted under the PACT Act. Service connection for left elbow, insomnia (claimed as mental health disorder), and gastrointestinal disorders including posttraumatic stress disorder are denied. A temporary total evaluation due to right elbow surgery is granted.

The Board has decided to remand the cases of the Veteran's bilateral knee disorder, left shoulder disorder, and tinnitus for further development. The issues remain on appeal.

The Board denied service connection for left knee, right knee, and right shoulder disorders due to a lack of evidence linking these conditions to active service.

The Veteran's PTSD with sleep disturbance was rated at 70 percent from October 15, 2016 to August 13, 2018. The Board found that the severity, frequency and duration of his PTSD symptoms more closely approximated occupational and social impairment with deficiencies in most areas during this period.