Knee decisions — 2023

The Board has reopened the claims of service connection for left and right knee conditions due to new evidence submitted by the Veteran. The case is being remanded for further review.

The Board has remanded the case for issuance of a Statement of the Case (SOC) regarding the issue of an increased initial disability rating in excess of 10 percent for right knee disability. The Veteran must submit a timely VA Form 9 to perfect his appeal on this matter.

The Veteran's right knee patellofemoral pain syndrome and instability are currently rated at 10 percent, effective from May 1, 2008. From July 16, 2013, the Veteran is granted a separate 10 percent rating for his right knee instability.

The Veteran's right knee disability is being remanded for a VA examination to assess its current severity.

The Veteran's tinnitus had its onset during active duty service and has continued to the present. Service connection for tinnitus is granted.

The Veteran's irritable bowel syndrome is granted service connection on a presumptive basis. The effective date for the 40% rating assigned for her lumbar spine disability is set at December 1, 2005. Her cervical and lumbar spine disabilities are granted higher initial ratings from the date of the March 2023 VA examination report.

The Board has determined that the Veteran's left knee disability is related to an injury sustained during a period of inactive duty for training (INACDUTRA) and granted service connection.

The Veteran's claim for a higher initial rating of 40 percent for degenerative joint disease of the lumbar spine, and separate ratings for right knee flexion limitation (10%) and extension limitation (10%), are granted. The Veteran also received a TDIU effective October 6, 2009.

The Board has determined that the claims for compensation under 38 U.S.C. § 1151, service connection for a psychiatric disorder, service connection for sleep apnea, an initial rating in excess of 10 percent for residuals of left long finger amputation and left ring finger fracture, and TDIU are REMANDED due to the need for additional medical opinions.

The Board has remanded the claims due to new evidence indicating a possible secondary sleep disorder and additional medical analysis into back disability during the appeal period.

The Veteran's service-connected disabilities require regular aid and attendance of another person due to functional limitations, but additional compensation under SMC(r)(1) or SMC(r)(2) is precluded as he does not meet the threshold requirement for consideration.

The Board has remanded the claims for increased ratings for right knee tibial stress fracture with shin splints and left leg shin splints with left knee strain due to additional medical evidence being added to the record.

The Board denied service connection for right and left knee disabilities, finding that the evidence did not support a link between current disability and active duty service.

The Veteran's claims for service connection and increased ratings have been denied. The Board has found no new evidence to reopen the claims, and the existing evidence does not support a finding of service connection or entitlement to higher ratings.

The Veteran's lumbar spine, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee strain with degenerative arthritis and residuals from meniscectomy, left knee strain post patellar realignment, and GERD with IBS have been granted initial 20 percent ratings effective since the date of service discharge.

The Board denied service connection for various joint disabilities, including cervical spine arthritis, right hand and finger arthritis, left hand and finger arthritis, right hip arthritis, left hip arthritis, right shoulder arthritis, left shoulder arthritis, right wrist arthritis, left wrist arthritis, and right knee degenerative arthritis.,The evidence did not support a finding that any of these conditions were incurred or aggravated by service.

The Board has remanded the Veteran's claims for increased ratings for his right knee, left knee, lumbar spine, and lower extremity radiculopathy disabilities due to inadequate examinations in previous VA evaluations.

The Veteran's appeal is being remanded due to the need for additional examinations and medical opinions regarding his claims of service connection for various disabilities, including psychiatric conditions, fatigue, joint pain, cardiovascular issues, heart disability, low back disability, tingling sensations, right knee disability, and hypogonadism. The examination will consider exposure to nerve agents during combat in Iraq.

The Veteran's appeal for service connection of a left shoulder disorder was denied.,The appeals for initial evaluations in excess of 10 percent for cervical spine disability, right knee strain, and left knee strain were also denied.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's left knee strain and shin splints first occurred during service or were aggravated by service.