Knee decisions — 2023

The Veteran's service-connected disabilities require the regular aid and attendance of another person as he is unable to perform daily activities independently due to his physical impairments.

The Veteran's tinnitus is granted as service connected. The cervical spine, lumbar spine, right hip, left hip, and kidney disabilities are remanded for further development.

The Veteran's appeal for a TDIU on an extraschedular basis prior to July 12, 2016 has been dismissed as the appellant withdrew the appeal.

Service connection for limitation of extension of left knee is restored, effective September 1, 2022. The Veteran's claim for a higher rating and TDIU remains pending.

The Veteran's claims for increased ratings for his left shoulder and right knee disabilities have been denied. The Board found that the current ratings of 20 percent for the left shoulder and 10 percent for the right knee are appropriate based on the evidence provided.

The Veteran's claim for service connection for tinnitus was granted. Service connection was also established for major depressive disorder, persistent depressive disorder, and trauma-related disorder. The Veteran's back disability is now rated at 40 percent from January 24, 2022.

The Veteran's claim for a higher rating for his left foot condition is denied as the disability does not meet the criteria for a rating in excess of 10 percent.,The Board has remanded the claims for service connection of bilateral knee and low back disabilities due to insufficient opinions addressing all potential theories of service connection.

The Board has determined that the VA medical opinions obtained on remand are inadequate and did not comply with the October 2022 Board remand directives. The claims for service connection must be remanded again due to the need for additional examinations.

The Board has remanded the Veteran's claims for a higher rating for right knee recurrent instability and TDIU from March 31, 2012 to April 24, 2013 due to outstanding VA treatment records and need for updated medical examinations. The Veteran will also be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment as of March 25, 2015. The Board granted a TDIU rating effective from that date.

The Board has decided to remand the claims for further examination and opinion regarding service connection for various musculoskeletal disorders, as well as an eye disorder. The initial ratings for foot disabilities are also being remanded.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's right knee condition pre-existed service and was aggravated by military service.

The Board has determined that the Veteran's claimed knee, wrist, and shoulder disabilities did not begin during service or are otherwise related to an in-service injury. The evidence does not support his assertions of combat exposure or injuries sustained while deployed.

The Board has granted service connection for an acquired psychiatric disability (including PTSD and major depressive disorder) and a right knee disability. Service connection for obstructive sleep apnea is remanded.

The Veteran's claim for service connection for a left knee disability has been reopened and granted. The Board found that the Veteran sustained an in-service injury to his left knee during training exercises, which led to current symptoms of pain and reduced functionality. The Board also found that there is a reasonable possibility that the current left knee disabilities are related to the in-service injury.

The Board dismissed the appeals to reopen claims for various disabilities due to the appellant's death.

The Veteran's claim for service connection for an acquired psychiatric disorder, specifically generalized anxiety disorder, is granted. The claims for fatigue and skin condition are remanded due to the need for additional medical opinions considering toxic exposure risk activities.

The Board has remanded the claims for lumbar spine disorder, bilateral hip disorder, and left knee disorder due to incomplete notification of VA examinations and outstanding private treatment records. The Veteran is asked to provide new authorization forms for his Kaiser Permanente records and other private providers' records.

The Veteran's service-connected conditions do not meet the schedular criteria for a TDIU from June 1, 2018 to June 25, 2018. The Board is remanding this issue for further development.

The Board has remanded the cases for further development and examination. The Veteran's erectile dysfunction claim is being considered, as well as his left knee disability claim.