Knee decisions — 2023

The Board has determined that additional VA treatment records need to be considered and a new supplemental statement of the case (SSOC) should be issued to address these claims.

The Board has remanded the case due to inadequate consideration of the Veteran's lay statements regarding his bilateral knee disorders and their onset in service.

The Board has dismissed the issues of service connection for left and right leg disabilities as they have been granted. The issue of service connection for bilateral hearing loss is remanded due to incomplete VA examination results, and the issue of service connection for cervical spine disability is remanded due to an inadequate opinion.

The Board has decided to remand the Veteran's claims for an initial disability rating in excess of 10 percent for a right knee disability and an initial disability rating in excess of 20 percent prior to February 24, 2022, and in excess of 40 percent thereafter for a back disability due to inadequate VA examinations.

The Board has remanded the claims for service connection for a lumbar spine, cervical spine, and acquired psychiatric disorder. The right knee increased rating claim is also being remanded.,The Veteran's TDIU request is inextricably intertwined with these other claims.

The Board has remanded the claims for migraines, right knee condition, and left hip condition due to insufficient evidence in the record. The Veteran's private treatment records need to be obtained, and a new VA opinion is required.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent. As the Veteran does not meet the criteria for an award of special monthly compensation, as no disability is considered 100 percent disabling, plus an additional separate disability or disabilities combining to 60 percent disabling, his TDIU claim has been dismissed as moot.

The Board denied an initial rating in excess of 20 percent for the Veteran's bilateral knee disabilities, finding that the evidence did not support a higher rating based on limitation of motion or instability. The appeal was remanded to consider whether separate ratings should be granted for each knee due to instability.

The Veteran's post-pilonidal cystectomy scar is rated at 10 percent, which is the maximum rating available under current VA regulations.,Right knee osteoarthritis has been rated at 10 percent for limitation of flexion and a compensable rating (20%) for limitation of extension. The Veteran also received a separate 10 percent rating for right knee instability.

The Board denied service connection for bilateral ankle, left knee, left elbow, and low back disorders due to a lack of evidence showing these conditions were incurred during active duty or within one year after discharge.

The Veteran's claim for an earlier effective date for tinnitus is denied as the earliest effective date available has already been awarded.,The issue of an earlier effective date for adjustment disorder with depressed mood is dismissed due to withdrawal by the Veteran and his attorney.,New and material evidence has been received, reopening the previously denied claim of entitlement to service connection for a bilateral knee condition.,Service connection for right knee disability is remanded as VA examiner opinions are needed regarding the nature and etiology of the disability.,Service connection for left knee disability is remanded as VA examiner opinions are needed regarding the nature and etiology of the disability.,A rating in excess of 10 percent for service-connected adjustment disorder with depressed mood is remanded due to a need for an updated assessment of the Veteran's condition.,Rating in excess of 20 percent for service-connected lumbar spine degenerative disc disease and related radiculopathy (sciatic nerve) is remanded as VA examiner opinions are needed regarding the severity of these disabilities, including whether they manifest ankylosis or functional equivalent thereof.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities is remanded.

The Veteran's claims for service connection and increased ratings have been granted. The Veteran is now entitled to a 10 percent rating for left hip limitation of extension, a 10 percent rating for right hip limitation of extension, a 40 percent rating for left hip flexion from May 18, 2016, and a 30 percent rating for right hip flexion from May 18, 2016.

The Board has remanded the issues of entitlement to service connection for a left knee disability, increased rating for bilateral hearing loss, and ratings for degenerative arthritis of the lumbar spine with intervertebral disc syndrome, sciatic radiculopathy of the left lower extremity, and total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's bilateral hearing loss and left knee arthritis are granted service connection. The lumbar spine disability, right sciatica, left sciatica, and respiratory disability claims are denied. Service connection for coronary artery disease secondary to PTSD is also denied.

The Board has determined that the VA examination is not adequate for a contemporaneous rating and has therefore remanded the case to afford the Veteran a new VA examination.

The appeals of service connection for left and right knee disorders are dismissed as the claims have been fully granted in a March 2023 rating decision.

The Veteran's requests to reopen claims for service connection for an acquired psychiatric disorder, a low back condition, and left knee arthralgia have been granted. The cases are remanded for further development.

The Board has remanded the claims for service connection for right knee, left knee, and back conditions due to insufficient medical opinions addressing the etiology of these conditions. The Veteran's private chiropractor provided an opinion linking his bilateral knee condition to a motor vehicle accident during service.

The Board denied service connection for the Veteran's claimed right shoulder, right knee, and right ankle disabilities due to a lack of evidence linking these conditions to his active service.

The Veteran's PTSD is granted with a disability rating of 70 percent, effective October 17, 2017. Service connection for Degenerative Joint Disease of Right Knee and Left Knee is also granted.