Knee decisions — 2023

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and consideration of new evidence.,The Board is seeking clarification on the qualifications of the examiner who provided the August and September 2022 opinions, particularly regarding their experience in rheumatology.

The Board has determined that the VA medical opinions provided are insufficient and requires additional examination to determine if the Veteran's left shoulder, knee, and arm disabilities are aggravated by his service-connected back disability. The examiner must also address whether the pain experienced in a 2003 fall was caused by the fall itself or the service-connected back disability.

The Veteran's left knee disability, along with other service-connected conditions, is currently rated at 30 percent. The Board denied a higher rating for the left knee disability and granted a TDIU effective October 7, 2015.

The Board has denied the Veteran's claims for service connection for left and right knee conditions, hemorrhoids, migraines, and sleep apnea. The claims were not reopened due to lack of new and material evidence. The Veteran's current symptoms are not related to his military service.

The Veteran's service connection claim for left ear tinnitus is granted. Claims for service connection of left ear hearing loss, left knee disability, and left ankle disability are remanded.

The Veteran's appeal is being remanded due to the submission of additional evidence after a Supplemental Statement of the Case (SSOC). The Board will refer this matter back to the AOJ for consideration.

The Board has granted service connection for left knee arthritis, status post right knee replacement, and obstructive sleep apnea (OSA) due to the Veteran's in-service injuries and chronic symptoms.

The Veteran's right foot posterior tibial tendon dysfunction is related to an in-service injury, and the Board has granted service connection for this condition. However, there was insufficient evidence to establish a current right knee disability or that it was incurred during service.

The Veteran's tinnitus is granted as service connected. The claims for right shin splints, right knee disability, and residual injury of the right leg are remanded due to insufficient evidence.

The Veteran's claims for service connection for residuals of TBI with mood swings, irritability, and memory problems; right foot disability (now claimed as fallen arches and/or flatfoot); and left foot disability (now claimed as fallen arches and/or flatfoot) are remanded.,The Veteran's claims for an initial compensable disability rating for degenerative joint disease of the right knee with limited flexion from November 17, 2016; a disability rating in excess of 40 percent for degenerative joint disease of the left knee (previously rated as patellofemoral pain syndrome of the left knee); and an initial compensable disability rating for degenerative joint disease of the left knee with painful flexion are remanded.,The Veteran's claims for a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) based on aid and attendance/homebound are remanded.,The Veteran's claims for an effective date prior to November 17, 2016 for the grant of an increased disability rating for degenerative joint disease of the right knee with limited extension; and an effective date prior to November 17, 2016 for the grant of an increased disability rating for degenerative joint disease of the left knee with limited extension are remanded.

The Veteran's claims for service connection and increased ratings were denied. The claim for right ankle tendonitis was not reopened due to lack of new and material evidence, while the other issues had their initial ratings denied.

The Board has decided that the Veteran's claims for service connection of various knee, foot, ankle, and hand disabilities should be remanded due to a lack of supporting medical evidence.

The Veteran's PTSD was denied an initial rating in excess of 70 percent, and his left knee instability prior to April 11, 2015, was also denied a rating in excess of 10 percent.

The Board has remanded the Veteran's claims due to failure to appear for VA examinations and requests that he be provided another opportunity to attend such exams. The issues include initial disability ratings for left knee meniscal tear status post-surgery, limitation of extension, and cervical strain.

The Board denied the Veteran's claim for a TDIU from January 1, 2020 as he was found to be substantially gainfully employed after March 15, 2021.

The Board has determined that the Veteran's left knee disability is service-connected as it resulted from an in-service injury, and thus grants the claim.

The Board has remanded the Veteran's claims of service connection for left and right knee conditions, as well as lower and upper back pain. The claims are being returned to VA for further examination and opinion.

The Board has remanded the case due to inadequate examination and further development is required, including obtaining VA treatment records and scheduling an appropriate clinician for a left knee examination.

The Veteran's liver disorder, bilateral knee disorders, bilateral ankle disorders, right shoulder disorder, gout, and diabetes mellitus are all denied as service connection due to lack of evidence supporting a nexus between these conditions and active service.,Service connection for the Veteran's liver disorder is denied because there is no current diagnosis of a liver disorder and no evidence linking it to service. The Board found that the Veteran does not have a current liver disability, and thus cannot establish service connection.

The Veteran's chest pain and left knee disabilities have been reopened, with service connection granted for both conditions.,Service connection has also been established for right elbow and left elbow disabilities, as well as obstructive sleep apnea.