Knee decisions — 2023

The Board has dismissed the Veteran's appeal for an evaluation in excess of 10 percent for right knee instability due to a finality issue. The claim for TDIU is remanded as it is intertwined with the spine rating claim.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he passed away during the appeal process.

The Veteran's claim of entitlement to service connection for a lumbar spine disability was granted, while the claims for left knee and left ankle disabilities were denied.

The Board denied service connection for a left knee condition, finding that the Veteran's current condition is not related to his active duty service and does not meet the criteria for presumptive service connection due to exposure to herbicides or other environmental exposures.

The Board has remanded the claims for service connection due to a duty-to-assist error, specifically failing to obtain VA examinations and medical opinions regarding the current nature and likely etiology of the Veteran's right and left shoulder disabilities, as well as his peripheral neuropathy. The AOJ is also required to readjudicate the previously denied claim of entitlement to service connection for a right knee disability.

The Veteran's right knee disability, specifically painful motion during flexion, is rated at a 10 percent disability rating. The decision grants this initial rating.

The Veteran's right knee and right shoulder disabilities are granted service connection.,Service connection for a headache disability is denied.

The Board has dismissed the issues of entitlement to service connection for bilateral hearing loss and tinnitus due to withdrawal by the Veteran. The remaining claims have been REMANDED for further development.

The Board has remanded the Veteran's claims for service connection for left and right knee strains due to insufficient evidence in the record, particularly regarding whether his current symptoms are consistent with a previously diagnosed condition.

The Veteran's service connection claim for DDD of L3-4 with DJD of the lumbar spine is granted.,An initial rating of 30 percent for residuals of vestibular neuritis is granted, subject to controlling regulations governing the payment of monetary awards. The Veteran's right and left knee disabilities are remanded for further evaluation.

The Board has granted service connection for right knee instability, which is a symptom of the Veteran's already service-connected right knee condition. The TDIU issue is remanded as it may impact the overall TDIU award.

The Board has remanded the case due to inadequate examination findings and the need for a new VA examination to properly evaluate the Veteran's service-connected left knee disability.

The Veteran's claims for service connection for lumbar spine degenerative arthritis and left knee condition have been remanded due to the need for additional information regarding his periods of active duty and Reserve service.

The Board has determined that the Veteran's left knee osteoarthritis is proximately due to his service-connected right knee osteoarthritis, and thus grants entitlement to service connection for this condition.

The Veteran's claims for increased ratings and service connection were denied. The claim for anemia was denied, while the claims for anxiety disorder, right knee osteoarthritis, and GERD resulted in a 50% disability rating.

The Board has remanded the claims for total disability rating based on individual unemployability, increased ratings for left knee strain and instability, and major depressive disorder due to incomplete information provided by the Veteran. The claims will be returned for further development.

The Veteran's claims for increased ratings for left knee osteoarthritis and right knee degenerative arthritis were denied as the criteria for higher ratings have not been met.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional development. The issues include obstructive sleep apnea, hypertension, nocturnal bruxism, and a right knee condition.

The Board has remanded several issues related to the Veteran's service connection claims for various disabilities, including shoulder, wrist, and knee conditions. The effective dates for granting service connection are denied.

The Board has determined that the Veteran's disabilities, including cervical stenosis with herniated discs, right upper extremity paralysis, left upper extremity weakness, loss of bowel function, loss of bladder function, left leg above-the-knee amputation, and loss of use of right lower extremity, were caused by carelessness or negligence on the part of VA. As a result, the Veteran is entitled to compensation under 38 U.S.C. § 1151.