Knee decisions — 2023

The Veteran's claim for an increased rating for unspecified insomnia disorder was denied as his symptoms did not meet the criteria for a 100% disability rating. The claim for TDIU from March 1, 2019 forward was granted due to the Veteran's service-connected disabilities precluding him from securing and following a substantially gainful occupation.

The Board has determined that the VA examinations provided for both conditions were inadequate and remanded to obtain further opinions. The Veteran's claims for right knee condition and left foot degenerative arthritis are being returned to the agency of original jurisdiction (AOJ) for additional development.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation as of June 20, 2015.,Prior to June 20, 2015, the Veteran's TDIU claim was remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's tinnitus was granted service connection. The remaining issues were remanded for further examination and rating.

The Veteran's right knee disability, characterized by residuals of meniscectomy with cartilage, semilunar, dislocated, with frequent episodes of 'locking', pain, and effusion into the joint, is granted an increased evaluation to 20 percent under DC 5258. The issue of increased evaluation in excess of 10 percent for right knee flexion remains pending.

The Veteran's service-connected disabilities did not render him unemployable prior to September 15, 2018; rather his nonservice-connected disabilities contributed to his unemployability.

The Board has decided to remand the cases for further development and an opinion regarding the etiology of the Veteran's left knee degenerative arthritis and right knee strain.

The Board denied the Veteran's claims for service connection for a bilateral ankle disability, initial ratings greater than 10 percent for carpal tunnel syndrome of the left and right upper extremities, as well as initial ratings greater than 10 percent for left and right knee joint osteoarthritis.

The Veteran's claims for service connection were denied as there was no evidence of a qualifying chronic disability or other basis for service connection.

The Board has remanded the service connection claims for back, right knee, and left hip disabilities due to insufficient evidence. The Veteran's claim for a temporary total disability rating is denied as he did not file within one year of the surgery.

The Veteran's bilateral hearing loss is granted with a 40% rating from August 12, 2021 to the present. The Veteran's right knee instability from February 23, 2016 to May 23, 2017 is denied.

The Veteran's claims for service connection have been reopened, but the issues of diabetes mellitus, type 2; bilateral eye disability; left knee disability (reopened); kidney disability; peripheral neuropathy of the upper and lower extremities; erectile dysfunction; prostate disability; and lower back disability are still pending. The Board has remanded these issues for further development.

The Board has granted service connection for right knee disorder, left knee disorder, low back disorder, and bilateral glaucoma.,Service connection is granted for the Veteran's current right knee, left knee, and low back disorders based on in-service injuries during Reserve component training (IDT).

The Veteran's claim for a compensable rating for his service-connected left knee scar has been denied.,The Veteran's claims for an effective date earlier than October 26, 2017, for service-connected left knee degenerative arthritis and left knee scar have also been denied.,The Board has ordered the case to be remanded due to insufficient examination of the Veteran's left knee disability.

The Board has dismissed all claims for increased ratings due to the appellant's death.

The Board has remanded the Veteran's claims for service connection for back disability, left knee injury, and right knee injury due to a lack of VA examinations. The AOJ is instructed to attempt scheduling the Veteran for additional VA examinations.

The Veteran's appeals for separate ratings for digestive conditions and earlier effective dates for SMC benefits were dismissed. The Board found that the Veteran is entitled to SMC (o) based on his service-connected disabilities, which require him to have aid and attendance. He also qualifies for SMC (r)(1).

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's bilateral lower extremity condition, including knee disabilities. The Veteran is presumed credible in his assertions that his pain began during service and continued after service.

The Board has remanded several issues related to the Veteran's service connection claims due to failure to provide VA examinations as required by law. The specific issues include tinnitus, dizziness, headaches, low back disability, right and left knee disabilities, erectile dysfunction, and gum disease.

The Veteran's service-connected disabilities have not been shown to render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.