Knee decisions — 2023

The Veteran's claim for service connection for a back disability, right knee disability, left knee disability, and an acquired psychiatric disorder (adjustment disorder with mixed anxiety and depressed mood and alcohol use disorder) has been reopened. The claims are now granted.,However, the issues of entitlement to initial compensable rating for bilateral hearing loss, initial rating in excess of 10 percent for tinnitus, service connection for a back disability, right knee disability, left knee disability, total disability rating based on individual unemployability due to service-connected disabilities (TDIU), and special monthly compensation (SMC) based on the need for aid and attendance are still pending and require further development.

The Veteran's bilateral knee disability is being remanded for a new examination to assess the severity of her condition, as previous examinations were inadequate.

The Board has granted service connection for the Veteran's right and left knee disabilities as secondary to his service-connected bilateral hip and lumbar spine disabilities.

The Board dismissed the appeals of the Veteran's claims for higher ratings for left ankle fracture, left knee disability, right knee disability, and left knee scar as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's claim for accrued temporary 100 percent benefits beyond April 30, 2012, for microfracture chondroplasty of the femoral focal area of her left knee is granted. The Board finds that the directive to avoid putting weight on her leg until July 2012 constituted continued convalescence and thus the Veteran's temporary 100 percent disability evaluation should have continued until July 31, 2012.

The Board has granted service connection for left knee patellofemoral osteoarthritis, finding that the Veteran was diagnosed with this condition during his active duty service.

All appeals for service connection and increased evaluations have been dismissed due to the Veteran's withdrawal of all issues.,An effective date of January 26, 2018, has been granted for a 50 percent disability evaluation for headaches.

The Board has denied the Veteran's claim of service connection for a left knee disability, finding that there is no evidence to support a nexus between his current condition and either active service or any pre-existing conditions. The Board also found no secondary service connection as the Veteran's current condition is not related to his service-connected disabilities.

The Board has decided to remand the case due to insufficient medical opinions regarding when the Veteran became unable to secure or follow a substantially gainful occupation and whether he needs aid and attendance of another person.

The Board has remanded the Veteran's claims for additional development due to insufficient medical opinions regarding his claimed disabilities and their relationship to service.

The Veteran's claims for increased ratings for his left and right knee disabilities are remanded due to the need for additional VA examinations.

The Veteran withdrew his appeal for service connection of a left knee replacement, claiming it was due to shrapnel and arthritis. The Board dismissed the issue as a result.

The Veteran's TDIU claim is remanded due to incomplete employment and income information provided by the Veteran. The Board requests clarification on his employment history and earnings since June 30, 2010.

The Veteran's arthritis, heart disease, and prostate cancer with surgery are not service-connected due to lack of evidence linking these conditions to his military service.,COPD is also not service-connected as there was no herbicide exposure documented.

The Board has found that the Veteran's service treatment records (STRs) from his initial tour of active duty in the United States Army are incomplete. The claims for headaches, left knee disability, and flatfeet have been remanded due to inadequate VA examination opinions and the need to obtain STRs.

The Veteran's claims for service connection have been reopened, but further development is needed to address the merits of his claims due to conflicting evidence and lack of definitive medical opinions.

The Board has decided to remand the case due to insufficient analysis of the Veteran's lay statements regarding his left knee symptoms since service.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history, warranting a TDIU on an extra-schedular basis.

The Veteran's chronic digestive disorder is considered an undiagnosed illness and presumptively related to his service in the Southwest Asia theater of operations during the Persian Gulf War. The claims for entitlement to service connection for right knee disability, left knee disability, and varicose veins are granted.

The Board denied the Veteran's request for an earlier effective date prior to August 8, 2014, for the award of service connection for right knee strain and right knee scar.