Knee decisions — 2023

The Veteran's right knee was granted a 30% evaluation for instability from December 22, 2008 to February 16, 2021. A 10% evaluation was also granted for limited extension during the same period.

The Veteran's claims for service connection for right and left knee conditions, as well as his increased ratings for tarsal tunnel syndrome of the right foot and digital nerve laceration of the right index finger are denied.,A compensable rating is also denied for a deltoid ligament sprain of the right ankle.

The Veteran's knee disabilities have been granted increased ratings, but no higher. The effective dates for these grants vary based on the specific issue and date of service connection.

The Board has granted service connection for right knee osteoarthritis, lumbar degenerative arthritis and disc disease, and the related bilateral sciatic radiculopathy as these conditions are found to be aggravated by the Veteran's service-connected left knee disability.

The Board has granted service connection for left and right knee arthritis, finding that the Veteran's symptoms began in service and have continued since then. The claims are based on presumptive service connection due to chronicity of disease.

The Veteran's service connection claims for pelvic pain, left knee disability, and right knee disability are denied. The Board has remanded the cases for further development.

The Veteran's initial and increased ratings for right knee scars, right knee disability (including flexion, extension, abduction, adduction), and right hip disability have been granted. The maximum schedular rating of 60 percent has been assigned for the right knee disability post total knee replacement (TKR). A separate compensable rating for shortening of the right lower extremity due to TKR is denied. An increased rating higher than 10 percent for the right hip disability is also denied.

The Veteran's claim for service connection for diabetes mellitus was denied as his current disability is not proximately due to, or the result of, or aggravated by his service-connected disabilities.,The Veteran's claim for service connection for bilateral knee disability was denied as his current disability did not originate in service or within one year of discharge therefrom.

The Board has determined that the remand instructions were not fully complied with and thus, the case is being returned to the AOJ for further development.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims for service connection for bilateral hearing loss, right knee disability, left knee disability, and an evaluation in excess of 70 percent for his service-connected psychiatric disabilities. The AOJ must obtain all relevant records, ensure that the Veteran's VR&E file is associated with the claims file, schedule appropriate VA examinations to assess the nature and etiology of the claimed conditions, and readjudicate the issues.

The Board has remanded the issues of service connection for a right knee disorder and TDIU due to conflicting evidence regarding whether the current condition is related to service or if it was aggravated by service.

The Veteran's claim for PTSD was reopened, as new evidence shows he has a current diagnosis of unspecified depressive disorder, unspecified schizophrenia, other psychotic disorder, major neurocognitive disorder secondary to TBI/gunshot wound to the head, substance abuse disorder, and PTSD.,The Veteran's right elbow disability was reopened, as new evidence suggests it may be related to his service-connected PTSD.

The Veteran's appeal for a higher rating for his left knee replacement and SMC based on loss of use of the left foot is denied.

The Veteran's request to reopen claims for left shoulder and right knee disabilities have been granted. The claim for a left arm disability is denied, and the claims for right knee and left ankle disabilities are remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right and left knee disabilities, a sinus disability due to asbestos exposure, right and left shoulder disabilities, thoracolumbar spine (low back) disability, and cervical spine (neck) disability. The remand is due to new evidence received after the most recent Supplemental Statement of the Case.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, leading to a TDIU effective February 1, 2019. The right knee conditions were rated appropriately based on their severity.

The Board has remanded the claims for service connection for right and left knee disorders due to insufficient medical opinions regarding their etiology.

The Veteran's claims for hypertension, right foot sprain, sleep apnea, erectile dysfunction, and right knee condition other than gout are being remanded due to the need for additional examinations and development of records.

The Veteran's claims for increased ratings for his bilateral knees have been remanded due to inadequate examinations and the need for a retrospective opinion.

The Board has granted service connection for right knee pain but has remanded the claim of service connection for bilateral hearing loss due to insufficient evidence.