Knee decisions — 2023

The Board dismissed the Veteran's appeals regarding evaluations in excess of 30 percent for bilateral pes planus and plantar fasciitis, 10 percent for bilateral knee strain, 20 percent for bilateral shoulder strain, 10 percent for bilateral wrist strain, and 10 percent for bilateral hip strain. The appeal was dismissed due to the Veteran not timely filing a VA Form 10182.

The Veteran's claims for increased ratings for low back disability, radiculopathy of the right and left lower extremities, and limitation of flexion of the right knee were denied as his conditions did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Veteran's service-connected right BKA (below the knee amputation) and related conditions have been found to meet the eligibility criteria for an automobile allowance, as they result in effective loss of use of his right foot.

The Board has determined that the VA examinations and evidence of record are insufficient to make a determination on the Veteran's claims for service connection. The Board is therefore remanding these issues for further development.

The Veteran's appeal has been withdrawn by his authorized representative, and all claims have been dismissed.

The Veteran's claims for service connection for left shoulder strain, right knee disability, and left knee disability have been remanded due to the need for additional medical examinations and consideration of new theories of entitlement.,Remand is also necessary to ensure all relevant VA treatment records are associated with the file and to address the Veteran's Gulf War status in relation to his claims.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's current knee symptoms are caused or aggravated by his service-connected foot disabilities. The case will be returned for further development.

The Board has remanded the claims of service connection for left and right knee disabilities due to insufficient medical opinion regarding their etiology. The Veteran's VA treatment records from February 2022 onwards need to be obtained, along with any relevant non-VA records.

The Veteran's appeal to increase the ratings for his bilateral knee and back disabilities has been dismissed due to a withdrawal of the appeal by the Veteran's representative.

The Veteran's right knee meniscal disability and left knee meniscus disorder are each granted a separate 20 percent rating before the specified dates.

The Board has denied service connection for right knee, left knee, and right ankle disabilities due to lack of evidence showing these conditions were incurred or aggravated by service.

The Board has remanded the cases due to incomplete VA examinations and a need for additional evidence, particularly from Social Security Administration records.

The Veteran's headaches, cervical spine disability, and bilateral knee disabilities are being remanded for further evaluation due to the possibility of worsening symptoms.

The Veteran's rotoscoliosis of the lumbar spine and degenerative disc disease L4-S1 with spinal stenosis, right knee strain, and bilateral lower extremity radiculopathy are all granted as service connected.,Bilateral hearing loss is denied.

The appeal for service connection for sleep disturbance, including sleep apnea is dismissed. The rating in excess of 70 percent for PTSD with other specified depressive disorder is denied and the case is remanded for further development.

The Veteran's claim for a temporary total disability rating based on convalescence due to surgery for left ganglion cyst removal is denied. The Board also remanded the claims for service connection, ratings in excess of 10 percent for left ankle and lumbar spine disabilities, and a rating in excess of 20 percent for pes planus, left.

The Veteran's claim for increased ratings and TDIU was granted. He is now entitled to a 10 percent rating for right knee patellofemoral pain syndrome prior to February 24, 2015, and a separate 10 percent rating for right knee instability prior to September 15, 2023. The Veteran also received TDIU from August 10, 2022.

The appeal of the GERD claim is dismissed as moot because a March 2023 rating decision granted service connection for GERD effective August 10, 2022.,The tinnitus claim has been reopened and granted. Service connection for tinnitus is established based on in-service noise exposure and current symptoms.,Service connection for periostitis (claimed as shin splints secondary to left knee strain) is denied.

The Veteran's acquired psychiatric disorder, including anxiety and depressive disorders, is granted. The Board finds the VA examiner's opinions along with Dr. A.A.'s positive nexus opinion persuasive in granting service connection for an acquired psychiatric disorder. The issues of entitlement to a higher rating for right knee strain, as well as service connection for lower back condition, cervical arthritis with spondylotic changes, and left arm neuropathy are remanded due to the need for additional medical opinions.

The Board has found that there has not been substantial compliance with the February 2019 remand directives as it pertains to evaluating motion loss. The Veteran's bilateral knees have been rated 10 percent disabling for painful motion.