Knee decisions — 2023

The Board denied the Veteran's claims for earlier effective dates for his service-connected left shoulder, right knee, and left knee disabilities as well as his entitlement to service connection for right and left knee instability. The effective date assigned was March 31, 2017, which is the date of the Veteran's intent to file a claim.

The Veteran's appeals for service connection for bilateral leg condition, right foot condition, hepatitis C, and right knee osteoarthritis were dismissed. The appeal for service connection for lateral femoral cutaneous neuropathy and myositis ossificans of the right thigh (right hip/thigh condition) is remanded.

The Board has remanded the Veteran's claims for service connection for left knee disorder, right knee disorder, back disorder, and bruxism due to incomplete STRs and the need for further medical examination.

The Board has remanded the case for further development, including obtaining VA medical opinions on secondary service connection claims and scheduling a VA examination to assess the current severity of the Veteran's left knee disability. The issues of entitlement to increased ratings and extraschedular consideration are also being remanded.

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment during the period on appeal, warranting a grant of TDIU.

The Board has remanded the Veteran's claims for bilateral flat feet and plantar fasciitis, right or left ear disorder, right ankle lateral collateral ligament sprain, left ankle lateral collateral ligament sprain, right carpal tunnel syndrome (dominant), left carpal tunnel syndrome (nondominant), right shoulder acromioclavicular joint strain (dominant), right knee patellofemoral pain syndrome (PFS), and gastroesophageal reflux disease (GERD) due to the Veteran's failure to appear for VA examinations scheduled in April 2023.

The Veteran's claims for increased evaluations of his left knee and right ankle disabilities, as well as a TDIU from April 22, 2015, were denied. The Veteran was granted a TDIU effective from April 22, 2015.

The Veteran's bilateral hearing loss and tinnitus are service-connected as they were caused by in-service noise exposure. The TBI is also service-connected as it was proximately due to the service-connected back disability.,Service connection for left knee and right knee disabilities is granted as these conditions are secondary to the service-connected back disability.

The Veteran was granted initial compensable ratings for hypertension and pseudofolliculitis barbae, but denied an increased rating for right knee disability. The right knee disability is currently rated as 20 percent disabling prior to November 4, 2022, and the appeal remains on hold due to a remand.

The Veteran's service connection claim for a right knee fragmentation wound scar is granted. The Board finds that the Veteran's current diagnosis of a right knee scar is related to his active military service, specifically an in-service shrapnel wound during his tour in Vietnam. For other issues, including increased ratings for various disabilities and renal insufficiency prior to December 14, 2020, the decision remains pending as these are not final decisions.

The Board has decided that the Veteran's left knee disability is related to his service-connected right knee disability and remands for further examination.

The Board has granted a higher initial disability rating of 60 percent for the service-connected right knee DJD status post total knee replacement (TKR) from August 1, 2018.

The Veteran's claim for a higher rating for his right knee patella alta was denied due to failure to report for a VA examination.,The Veteran's claim for TDIU was also denied as he did not return the necessary form and failed to cooperate with VA requests.

The Board has remanded the claims for service connection for back, neck, right knee, and left knee conditions due to inadequate VA examination. The Veteran's claim is also REMANDED for obtaining new treatment records and a new examination.

The Board has remanded the Veteran's claims for service connection for lumbar spine disability including as secondary to service-connected disabilities of the knees and for an increased rating for left knee disability status post ACL repair due to procedural issues, need for additional development, and need for new examinations.

The Board denied service connection for various conditions, including diabetes mellitus, hypertension, sleep apnea, carpal tunnel syndromes, sebaceous cyst, left hand joint pain, gallstones, and knee, shoulder, elbow, and wrist disorders. The evidence did not support a finding that these conditions were related to the Veteran's military service or exposure to burn pits.

The Board has decided to remand the Veteran's claims for service connection for right and left knee disabilities due to inadequate medical opinion regarding the etiology of his knee conditions.

The Board has granted service connection for the Veteran's left knee disability, finding that his arthritis symptoms had onset during and were continuous since discharge from service. The decision is based on a presumption of service connection as a 'chronic' disease under VA regulations.

The Board has dismissed the appeal as both service-connected disabilities (right knee and back) have been granted in full.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and the Board has granted a TDIU based on this finding.