Knee decisions — 2023

The Veteran withdrew his claims for increased ratings and special monthly compensation (SMC) based on aid and attendance or housebound status, which were previously denied. The Board has dismissed these claims as the Veteran requested withdrawal.

The Veteran's claims for service connection for bilateral lower extremity and left ankle disabilities have been reopened, but the new evidence does not establish a current disability or medical nexus.,The Veteran's claim of service connection for an acquired psychiatric disorder (PTSD) has also been reopened. The new evidence shows symptoms consistent with PTSD.

The Veteran's right knee disability was granted a 20 percent rating for recurrent subluxation from December 21, 2022. A separate 20 percent rating was also granted for cartilage damage from December 3, 2021. The Veteran's PTSD was rated at 70 percent from February 19, 2021 to July 23, 2022 and TDIU based solely on PTSD was granted starting from the same date.

The Veteran's service-connected knee disabilities make it impossible for him to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Board has found that the Veteran's claims for service connection are remanded due to their failure to attend VA examinations and current homelessness. The RO is instructed to attempt to locate the Veteran, schedule new VA examinations if located, and consider all relevant evidence in determining the nature and etiology of the claimed disabilities.

The Veteran's depression is being remanded for a VA examination to determine if it is at least as likely as not caused or aggravated by his service-connected right knee and/or left hip disabilities. The Veteran's right knee and left hip increased rating claims are also being remanded for additional examinations to assess the severity of these conditions, taking into account the ameliorative effects of medication.

The Board found that the Veteran's service-connected disabilities do not prevent him from obtaining and retaining substantially gainful employment, thus denying his claim for TDIU.

The Veteran's claims for increased ratings for left and right knee osteoarthritis were denied as the Veteran failed to report for VA examinations without good cause.

The Board has remanded the Veteran's claims for an increased rating for his right knee disability and entitlement to a Total Disability Rating for Individual Unemployability (TDIU) prior to December 10, 2012 due to inadequate VA examinations and conflicting medical evidence.

The Veteran's claims for cervical spine, right knee, and left knee disabilities have been denied. Additionally, his facial scars prior to April 15, 2022, tinnitus, and headaches have also been denied.

The Board has remanded multiple issues for further development, including service connection claims for various conditions such as diabetes, sleep apnea, heart disease, and foot disabilities. The Veteran's STRs are unavailable, which may affect the adjudication of these claims.

The Veteran's initial rating of 10% for the left wrist disability is denied, and a separate 20% rating is granted for right knee instability. The right knee meniscus disability receives a 20% rating.

The Veteran's appeals for increased ratings and service connection were dismissed. The Board found that the Veteran withdrew his claims, granted service connection for obstructive sleep apnea as secondary to PTSD with other specified depressive disorder, but denied an initial rating in excess of 70 percent for PTSD.

The reduction of the Veteran's right knee disability rating from 20 percent to 10 percent is void ab initio, and the 20 percent rating is restored.

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, an acquired psychiatric disorder (including PTSD and panic/anxiety disorder), a low back disability, a left knee disability, a left shoulder/arm disability, bilateral plantar fasciitis, and bilateral hearing loss.

The Board has remanded the claims for bilateral knee, shoulder, foot, and shin splints disorders due to missing service treatment records. The Veteran's statements regarding in-service injuries and treatments will be considered by VA medical experts.

The Board has remanded the Veteran's claims for a new VA examination to evaluate her service-connected right knee and left knee disabilities, as well as to consider the revised rating criteria effective February 7, 2021. The Veteran is also requested to provide a legible copy of an October 2011 VA knee examination.

The Veteran's claims for increased ratings for his service-connected bilateral knee disabilities are being remanded due to the need for a new VA examination to assess the current severity of his conditions.

The Board denied the Veteran's claims for service connection for left and right knee disabilities, finding that there was no evidence of in-service injury or disease related to these conditions.,The Board also denied the Veteran's claim for service connection for an acquired psychiatric disability (to include PTSD), concluding that there were insufficient verified stressors to support a diagnosis of PTSD.

The Board has denied the Veteran's claims for service connection for left knee disability, PTSD, and substance abuse disorder due to willful misconduct. The claim for cataracts is remanded as it involves exposure to herbicides or chemicals.