Knee decisions — 2023

The Veteran's service-connected disabilities have been found to preclude him from securing and following substantially gainful employment, resulting in a grant of TDIU effective October 21, 2014.

The Veteran's appeal is remanded for further development to obtain medical records and conduct examinations to assess the severity of his service-connected psychiatric disability, lumbar spine, right shoulder, right wrist, and right knee disabilities. Additionally, he must be examined to determine the nature and etiology of any left knee, right ankle, left ankle, and respiratory disabilities.

The Board has determined that the VA examinations did not fully consider the Veteran's lay statements regarding his symptoms and history. Therefore, the issues of service connection for torn tendons in both ankles, lower back condition, and left knee condition are being remanded to obtain a new examination.

The Board has remanded the cases for further development and adjudication due to failure to comply with prior remand directives.

The Board has remanded the Veteran's claims for bilateral hearing loss, GERD, right hip osteoarthritis as secondary to service-connected right knee osteoarthritis, and left knee osteoarthritis as secondary to service-connected right knee osteoarthritis due to outstanding VA medical records. The appeals are being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's appeal is being remanded for several issues, including increased disability ratings and a total disability rating based on individual unemployability. The left knee issue requires an SOC due to non-compliance with prior Board directives. The thoracic and lumbar spondylosis, adjustment disorder, TBI, and post-traumatic headaches issues require additional examinations and assessments.

The Veteran was awarded SMC(o) based on multiple service-connected disabilities, and SMC(r)(1) for need of aid and attendance. The Board found the criteria for higher levels of SMC were not met.

The Veteran's child is denied helpless child benefits due to insufficient evidence showing the child was permanently incapable of self-support prior to turning 18.

The Veteran's right knee scars were rated at 10 percent from January 22, 2019 to June 14, 2022. From June 15, 2022 to October 6, 2022, she received a 20 percent rating for her painful right knee and upper back scars. The Veteran's appeal was granted with the effective date being from October 7, 2022.

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of the Veteran's bilateral knee disorder(s).

The Board has remanded the Veteran's claims for service connection for various skin and musculoskeletal conditions due to new evidence submitted after the September 2020 supplemental statement of the case.

The Veteran's claims for higher ratings for his service-connected right and left knee osteoarthritis, dorsolumbar back pain with degenerative arthritis, anxiety disorder, depressive disorder, and GERD were denied. The Board found that the evidence did not support a rating in excess of 10 percent for any condition.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has remanded the Veteran's claims for additional evidence, specifically post-service treatment records from WAMC.

The Board has remanded the Veteran's claims for service connection for left knee degenerative joint disease and high blood pressure due to a lack of VA medical records, inability to locate his military separation examination, and need for additional examinations.

The Veteran's bilateral hearing loss is rated as noncompensable, and the Board finds insufficient evidence to grant a higher rating.,Service connection for right and left knee disabilities is denied due to lack of evidence linking these conditions to service or environmental exposures.,Peripheral neuropathy of the right and left upper extremities are not service connected, with no objective evidence of peripheral neuropathy at the time of examination 25 years after service.,The Veteran's sleep disorder is not service connected.

The Board has denied the Veteran's claims for service connection for right hip, left hip, right knee, and left knee conditions, all claimed as secondary to his service-connected bilateral foot disability.

The Veteran requested the Board to dismiss his claim for service connection of a right knee disability, and the Board granted this request.

The Veteran's appeals for service connection on multiple conditions have been remanded due to the legacy appeal system not being opted into the modernized review system.

The Veteran's left knee disability, including his meniscectomy and joint edema, is currently rated at 20 percent. The Board finds that a higher rating is not warranted under the current criteria for Diagnostic Code 5257.,A separate 10 percent rating has been granted for symptomatic removal of semilunar cartilage of the left knee.