Knee decisions — 2023

The Board has granted an earlier effective date of November 28, 2016 for the award of a 20% evaluation for tender scars on the dorsum of the right toes. The Veteran's TDIU claim is also granted with an effective date of November 28, 2016.

The Board denied the Veteran's claims of service connection and increased rating for arthritis, right knee disability, and right shoulder disability due to a lack of approval from the State Approving Agency (SAA) for the private pilot course at MidCoast Aviation. The claim was not dependent on education benefits under the Post-9/11 GI Bill.

The Veteran's claim for service connection for ARDS is denied as he does not have a current diagnosis of ARDS. The cases involving left knee, right knee, nasal disorder, sinusitis, and pulmonary disorder are remanded due to the need for additional medical opinions regarding potential service connection.

The Board has determined that the Veteran's character of discharge for his second period of service from October 28, 2012, through March 18, 2016, is a bar to receipt of VA benefits. However, due to potential insanity at the time of misconduct, additional development is required to determine if this discharge should be considered non-barred.

The Veteran's claims for service connection of various conditions have been remanded due to the need for further examination and evaluation.,No current diagnoses or functional impairments were found for some of the claimed conditions, leading to denial of service connection.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and lack of current diagnoses for some conditions. The Veteran is required to undergo VA examinations to determine the etiology of his bilateral knee, shoulder, and esophageal spasm disabilities.

The Veteran's claims for increased ratings and TDIU prior to July 7, 2017 are remanded due to the need for a VA examination to assess the severity of his service-connected right and left knee disabilities.

The Board has remanded the Veteran's claims for neck disability, lung disability, and left knee disability due to insufficient evidence. The claim for PTSD remains pending.

The Veteran's claims of service connection for respiratory disability, left knee instability with degenerative arthritis, and right knee degenerative arthritis have been granted. The decision also remanded the claim for nosebleeds of the left nostril.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for service-connected right knee disability and an initial rating in excess of 10 percent for service-connected right knee instability due to inadequate VA examination reports. The RO is instructed to obtain updated VA treatment records and schedule the Veteran for an adequate examination.

The Board has remanded the claims for bilateral shoulder, elbow, right knee, and left knee disabilities due to incomplete service treatment records. Additional medical opinions are needed to determine if these conditions were incurred in or caused by active duty service.

The Board has remanded the Veteran's claims for service connection for various musculoskeletal conditions and a painful abdominal condition due to insufficient evidence of their etiology. The claims are being returned for further development.

The Board has remanded the Veteran's claims for service connection for right knee condition, sinus condition, bilateral feet pain, and back condition due to a lack of VA examinations.

The Board has remanded the Veteran's claims for left shoulder and left knee injuries due to new evidence submitted by VA, but not reviewed by the AOJ. The appeal will be returned to the AOJ for review.

The Board has found the VA examination inadequate and requires further development, including a new medical examination to determine if the Veteran's right knee disability is related to his service.

The Veteran's earliest claim for service connection of left knee surgical scars was received on December 20, 1996. The effective date cannot be earlier than this date as the claim was not filed within a year of separation from active service.

The Board has determined that a remand is necessary to ensure proper development of the Veteran's claim for an increased rating for his service-connected right knee osteoarthritis. The matter will be readjudicated after all requested development has been completed.

The Board has remanded the claims for service connection due to inadequate etiology opinions, and will require new opinions regarding the Veteran's low back condition, right knee condition, left knee condition, and bilateral hearing loss.

The Board has reopened the Veteran's service connection claims for PTSD, bilateral hearing loss, right knee condition, arthritis of the right knee, left knee condition, and arthritis of the left knee. The claims are now remanded for further development.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on A&A or TDIU due to his ability to work and maintain employment.