Knee decisions — 2023

The Board denied an extraschedular rating for the lumbar spine disability prior to April 28, 2015 and granted a TDIU from February 1, 2010 onwards. The decision also noted that the Veteran's combined rating was at or above 70% throughout the appeal period.

The Veteran's left knee instability is granted a rating of 30 percent and no higher, effective July 25, 2023. The right knee osteoarthritis and Osgood-Schlatter's disease are denied any increase in rating.

The Veteran's right knee arthritis and instability are granted at a 20 percent rating effective February 2, 2023. The right knee instability was previously rated as 10 percent prior to this date.

The Veteran's claims for increased ratings have been denied. The Board found that the evidence did not support a higher rating than 20 percent for left knee disability with surgical removal of osteochondroma and left proximal fibula instability, and 10 percent for left knee meniscus tear with surgical removal of osteochondroma, left proximal fibula, and 10 percent for left knee degenerative arthritis with meniscal tear, residuals of osteochondroma removal.

The Board has remanded the Veteran's claims for service connection for back, left knee, and right knee disabilities due to insufficient evidence in previous examinations. The Veteran served in Vietnam during combat.

The Board has remanded the cases for further development due to new evidence added by VA. The Veteran was not given an opportunity to waive RO review of this new evidence, so the case must be returned to the RO for consideration.

The Board has granted service connection for the Veteran's left knee disability, finding that it is at least as likely as not caused by injuries sustained during military service. The decision also acknowledges secondary service connection due to pre-existing right and lumbar spine disabilities.

The Veteran's bilateral knee disabilities are being remanded for a new VA examination to assess the current severity of his service-connected conditions. His TDIU claim is also being remanded due to its inextricability with the knee claims.

The Veteran's right knee strain is granted as secondary to his service-connected right lower extremity radiculopathy. The initial rating for left lower extremity radiculopathy was increased from 10 percent to 40 percent, effective September 18, 2008.

The Board has granted the Veteran's claims for service connection for right knee disability, left knee disability, and obstructive sleep apnea as secondary to PTSD. The decision is based on direct evidence of in-service injury and continuity of symptomatology.

The Board has remanded the claims for service connection due to inadequate medical opinions addressing secondary service connection, specifically obesity as an intermediate step. The Veteran's SSA records are also requested.

The Veteran's claims of increased ratings for her service-connected right knee and hypothyroidism conditions, as well as her claims for service connection for a right hip sciatic neuritis condition and/or a right leg condition are being remanded due to the need for additional examinations and development.

The Board has remanded the Veteran's claims for service connection for bilateral wrist and knee disabilities due to inconsistencies in the VA opinions provided, as well as gaps in medical records.

The Board has determined that the Veteran's claims for service connection for left and right knee conditions are remanded due to inadequate medical opinions. The AOJ will seek additional evidence and obtain addendum opinions from qualified medical specialists.

The Board has remanded several rating decisions and service connection claims due to the submission of additional VA examination and treatment records since April 2019. The Veteran is advised to submit a waiver for these records or have them considered by the AOJ.

The Board has remanded the Veteran's claims for low back disability, bilateral shoulder disability, and bilateral knee degenerative joint disease due to missing service treatment records. Further efforts should be made to obtain these records from his Army National Guard service.

The Board has remanded the Veteran's claims for increased evaluations for his service-connected left ankle, left knee, and contact dermatitis disabilities due to additional development being needed.

The Board has reopened the Veteran's claims of service connection for right knee, right shoulder, eye, and hearing loss disabilities due to new evidence submitted since the final denial in September 2006. The claims are remanded for further development.

The Board has remanded the cases for further development and examination, including a new VA examination for the right knee condition and consideration of service connection for an acquired psychiatric disorder as secondary to the right knee condition.

The Board denied increased disability ratings for the service-connected left wrist and left knee disabilities, finding that the current symptoms do not warrant a rating higher than 10 percent.