Knee decisions — 2023

The Board has determined that additional development is needed for the Veteran's claims, including obtaining private treatment records and conducting comprehensive VA examinations to assess the severity of his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include sleep apnea, left foot sprain, left ankle disability, and patellofemoral pain syndrome of the left knee.

The Board has remanded the Veteran's claims of service connection for right and left knee disabilities due to inadequate medical opinions regarding their etiology.

The Board has remanded the cases for further development and adjudication due to a Joint Motion for Partial Remand (JMPR).

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted TDIU from February 7, 2011, to November 5, 2020.

The Board has remanded the claims for service connection for chondromalacia patellar with arthralgia, left and right knees; a right foot condition (pes planus); left hip condition; low back condition; and right hip condition. The issues are being remanded due to concerns about the preexistence of these conditions prior to service.

The Veteran's hypertension requires continuous medication for control and is currently rated as noncompensable. The Board finds that a rating of 10 percent, but not higher, is warranted.,VA examinations are inadequate to assess the severity of the Veteran's left knee strain. A new VA examination is needed prior to adjudication of this claim.,The Veteran's bilateral pes planus and erectile dysfunction have been diagnosed but the medical opinions provided by VA are inadequate. Addendum VA medical opinions are needed prior to adjudication of these claims.,VA examinations are inadequate to assess the severity of the Veteran's left knee strain. A new VA examination is needed prior to adjudication of this claim.

The Veteran's claim for a disability rating in excess of 10 percent for his right knee strain with degenerative joint disease was denied. A separate 20% disability rating for limitation of extension of the right knee is granted effective April 24, 2018. The Veteran's claim for TDIU prior to February 23, 2017, remains pending.

The Veteran's claim for an increased rating for his service-connected left knee disability was denied because he did not attend the scheduled VA examination.

The Veteran's service-connected disabilities, including PTSD and bilateral knee tendinitis, have rendered her unable to secure or follow any form of substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and records.

The Veteran's right knee disability was granted service connection for retroactive benefits. The issue of service connection for an eye disability is remanded, and the special monthly compensation based on need of regular and attendance or housebound status is also remanded.

The Board has remanded the cases of the Veteran's right and left knee conditions due to inadequate opinions regarding whether these conditions were aggravated by service. The VA is instructed to obtain new addendum opinions that do not conflate the legal standards for direct service connection and aggravation of a preexisting condition.

The Board has decided to remand the claims for service connection for various knee, spine, hip, and foot disabilities. The AOJ will be asked to verify the Veteran's stressors related to classified operations and obtain addendum opinions from VA clinicians.

The Board has denied service connection for tinnitus due to a lack of evidence showing its onset during or within one year after active service, and the opinion from a VA examiner found it less likely related to service. The claims for right knee disorder, left knee disorder, lumbar spine disorder, and eye disorder (secondary to hypertension) are remanded as new medical opinions are needed.,The Board has denied service connection for tinnitus due to a lack of evidence showing its onset during or within one year after active service, and the opinion from a VA examiner found it less likely related to service. The claims for right knee disorder, left knee disorder, lumbar spine disorder, and eye disorder (secondary to hypertension) are remanded as new medical opinions are needed.

The Board has determined that the Veteran's appeal should be re-docketed under the Legacy system and his February 2019 VA Form 10182 is accepted as a timely NOD for the issues on appeal. The issues will be readjudicated, and if adverse to the Veteran, he will be given an opportunity to perfect his appeal by filing a VA Form 9.

The Board has remanded the claims of service connection for right knee disability, left knee disability, and low back condition due to new evidence being submitted.

The Board has remanded the claims due to the need for further examination and opinion regarding the Veteran's left knee disability, specifically whether his functional impairment during flare-ups is equivalent to ankylosis.

The Veteran's claim for service connection on the merits is being remanded due to insufficient evidence.,The Board will gather additional information and evidence to determine if there are any service-connected conditions related to the Veteran's knee disabilities or vision disorder.

The Board has determined that a remand is necessary to address the Veteran's claim for service connection for left knee disorder, including meniscal tear and degenerative arthritis. The remand includes obtaining additional medical records, scheduling an examination, and requesting a Statement in Support of Claim from the Veteran.