Knee decisions — 2023

The Board has remanded the Veteran's claims for service connection due to in-service injury and subsequent amputations, chronic pain conditions, and secondary disabilities. The issues are intertwined and require additional medical opinions.

The Board has granted service connection for the Veteran's right knee condition, finding that his current right knee disability originated in service and resolving any doubt in favor of the Veteran.

The Veteran's back disability is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating due to limited flexion.,The Veteran's right knee disability is currently rated at 10 percent, and the Board finds no basis for a higher rating based on current evidence.,The Veteran's left knee disability is currently rated at 10 percent, and the Board finds no basis for a higher rating based on current evidence.

The Board found that the November 1991 rating decision denying service connection for a right knee disability did not contain clear and unmistakable error (CUE), as there was no evidence of pre-existing condition prior to entry into service, and thus the presumption of soundness could not be rebutted. The Veteran's claim is denied.

The Veteran's depressive disorder is currently rated at 70 percent, and the Board has determined that a higher rating of 100 percent is not warranted based on the evidence provided.

The Board has remanded the Veteran's claims for further development to determine if his current right and left knee disabilities, specifically chondromalacia patella, are part of a congenital pre-existing condition or a superimposed injury.

The Veteran's claim for service connection for ulcerative colitis was denied, and his ratings for cervical spine disability were also denied. The Board found that the evidence did not support a finding of service connection or an increase in rating.

The Veteran's right and left knee conditions have been granted initial ratings of 30 percent each, effective as of the date of this decision.

The Board has remanded the case for additional development due to deficiencies in prior examination reports. The Veteran's right ankle and knee disabilities are being reviewed again with a focus on pain levels during range of motion testing.

The Veteran's migraine headaches are currently rated at the maximum allowable under Diagnostic Code 8100. The Board has determined that a higher rating is not warranted based on the severity of his symptoms as defined by the criteria in the Rating Schedule. For the knee disabilities, the Veteran's service-connected instability and painful flexion have been remanded for further examination to determine their current severity.

The Board has decided to remand the case due to the need for further development, including obtaining VA treatment records and providing information about the competency of the VA examiners. The Veteran's skin disability of the right knee is being examined by a clinician to determine if it is related to in-service exposure to cold weather.

The Board has remanded the Veteran's claims for service connection for lumbar spine, thoracic spine, right hip, left hip, right knee, and left knee disabilities due to outstanding VA treatment records not being obtained. The Veteran will be scheduled for a VA examination to determine the etiology of any diagnosed disability.

The Board denied service connection for left shoulder, right knee, and left ankle disabilities due to lack of a medical nexus between the current conditions and service.

The Board has granted service connection for a low back condition, but has remanded the issue of service connection for a left knee condition due to insufficient medical opinion regarding its etiology.

The Veteran's appeal is REMANDED for additional examinations to determine the current severity of his service-connected left knee strain, right knee strain, and right ankle sprain residuals. Additionally, a VA examination is needed to determine whether the Veteran's claimed left-hand condition may be related to his military service or secondary to his service-connected fractured right little finger residuals, as well as whether his claimed right foot condition may be related to his military service or secondary to his service-connected right ankle sprain residuals.

The Veteran's appeal of the initial ratings for his service-connected knee and hip disabilities is being remanded due to the need for additional development, including obtaining SSA records, addressing Francway request, and providing retrospective opinions regarding functional impairment.

The claim for service connection for left great toe ingrown toenail has been reopened and granted. The claims for general osteoarthritis, low back spina bifida, right hip disability, right hip shorter than left leg, right knee disability, left knee disability, right ankle disability, left foot arthritis, chronic congestive heart failure, atrial fibrillation, hypertension, thyroid disability, edema, and skin irritation have all been denied.

The Veteran's claims for increased ratings for left and right knee osteoarthritis were denied because she failed to report for a scheduled VA examination.

The Veteran's service-connected left knee disability does not prevent her from securing and following a substantially gainful occupation, as she has the education, training, and residual functional capacity to work in sedentary positions.

The Veteran's appeals for increased ratings have been dismissed as he has withdrawn his appeal after receiving a decision awarding him TDIU, SMC, and Dependents' Educational Assistance.