Knee decisions — 2023

The Board has granted an effective date of October 23, 2015 for the grant of service connection for residuals of left foot fracture. The Veteran's claims for service connection for a back disability and bilateral knee disabilities are remanded due to insufficient evidence. The claim for a TDIU is also remanded as it is inextricably intertwined with the other claims.

The Veteran is granted a clothing allowance for the 2015 calendar year due to his service-connected left knee disability, as he testified that his brace causes wear and tear on his clothing.

The Board has denied higher ratings for the Veteran's lumbosacral strain and left knee disabilities, but the case is being remanded to obtain additional medical records.

The Board has remanded the Veteran's claims for increased disability ratings due to insufficient examination findings regarding functional loss during flare-ups and repetitive use over time. The claims are now pending before the Board.

The Veteran's appeals for increased ratings and effective dates have been dismissed due to the Veteran requesting to withdraw his appeals.,The Veteran has service-connected disabilities including Obstructive Sleep Apnea with Asthma, Major Depressive Disorder with Borderline Personality Disorder, Degenerative Joint Disease of the Right Knee, Degenerative Disc Disease with Degenerative Joint Disease of the Lumbar Spine, and Degenerative Disc Disease with Degenerative Joint Disease of the Cervical Spine.

The Board has remanded the issues of service connection for Graves' disease as secondary to PTSD and increased evaluations for right and left knee disabilities due to lack of compliance with prior remand directives.

The Board has denied the Veteran's claim for service connection for an upper spine and neck injury, finding that there is no evidence of a nexus between his current disability and service or any service-connected conditions. The issues regarding right shoulder, right knee instability, right knee arthritis (post medial meniscus repair), and left knee arthritis have been remanded due to inadequate examination reports.

The Board has remanded the Veteran's claims for increased ratings for right knee torn anterior cruciate ligament tendon and right knee instability due to additional evidence received since the last SSOC in July 2020.

The Board has decided to remand the case for further development, including scheduling an updated psychiatric examination for PTSD and assessing the Veteran's ability to care for daily needs due to his service-connected disabilities.

The Board has determined that additional remand is necessary due to inconsistencies in the medical evidence regarding the Veteran's left knee disability, including instability and flare-ups. The TDIU claim will also be remanded for further development.

The Veteran's tinnitus is granted as service-connected. The Board has remanded the claims for bilateral knee, neck, and left shoulder conditions due to incomplete medical opinions and outstanding private treatment records.

The Board has remanded the Veteran's claims for increased ratings due to insufficient information from previous VA examinations regarding his lumbosacral, cervical, and left knee disabilities. The AOJ is instructed to obtain updated treatment records and arrange for new orthopedic examinations.

The Board denied the Veteran's claims for service connection for left and right knee conditions, finding that there was no evidence of a chronic condition in service or during the presumption period, and that any current diagnoses were not related to service.

The Veteran's bilateral knee disabilities have been rated based on painful motion and instability. The appeal is denied as the evidence does not support a higher rating for any of the conditions.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for right knee disability and service connection for right hip disorder, to include as secondary to service-connected right knee disability due to insufficient evidence.

The Board has remanded the case due to insufficient development and need for additional medical opinions regarding service connection for a right knee disability. The issues of temporary total evaluation are also being remanded as they are inextricably intertwined with the issue of service connection.

The Veteran's left knee disability is being remanded for a new examination to determine its current severity. The SMC claim is also being remanded as it may be impacted by the development of his left knee disability.

The Board has remanded the case due to inadequate VA medical opinions and the need for additional development.

The Veteran's claims for specific phobia, acquired psychiatric disorder (to include depression and anxiety), left knee degenerative joint disease, bilateral hip condition as secondary to back disability, rating in excess of 20 percent for specific phobia, rating in excess of 10 percent for bilateral hearing loss, and TDIU due to service-connected disabilities are all granted. The effective date for the grant of service connection for specific phobia is set at December 27, 2015.

The Veteran's appeal for service connection of a left knee disability was dismissed as the Veteran withdrew his request for a hearing and requested that his case be decided based on the evidence of record.