Knee decisions — 2023

The Board has determined that the Veteran's lumbar and cervical spine arthritis, as well as his right and left knee strains, are at least as likely as not related to service. Service connection is granted for these conditions.

The Veteran's initial disability ratings for his left sinus tarsi syndrome, right knee chondromalacia with mild instability, and left knee degenerative joint disease have been granted. However, the Veteran's increased rating claims for right knee chondromalacia with mild instability, left knee chondromalacia with mild instability, and right knee degenerative joint disease were denied.

The Board has decided to remand the Veteran's claim for a left knee injury due to his failure to appear at a VA examination. The case will be returned for further development and an addendum medical opinion.

The Board has remanded the claims for hypertension, left knee disability, and right knee disability due to newly submitted evidence.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's bilateral knee patellofemoral syndrome. The matter is being sent back for further examination and opinion.

The Board has decided that the claim of entitlement to service connection for headaches, secondary to service-connected disabilities, needs further development due to insufficient medical opinions addressing causation and aggravation.

The Veteran's service-connected total right and left knee replacements, as well as bilateral plantar fasciitis, are granted with specific disability ratings. The appeal for service connection of lumbar spine, stomach, and migraine headaches disabilities is remanded.

The Board has remanded the claims for service connection for bilateral pes planus, right knee disability, left knee disability, right leg disability, left leg disability, and left hip disability due to a claim of clear and unmistakable error (CUE) in a January 1978 rating decision denying service connection for flat foot (pes planus).

The Board denied service connection for a neurological disorder of the bilateral lower extremities and a bilateral knee disorder, finding that there was no evidence linking these conditions to service or within one year after separation from service.

The Veteran's left knee disability is rated at a 60 percent rating for chronic residuals of the left knee, including severe painful motion. Separate ratings are granted for instability (10%), frequent episodes of pain, locking, effusion and crepitus (20%), limitation of flexion (20%), and limitation of extension (10%).

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's left knee disability is secondary to his service-connected left ankle disability.

The Board found that the Veteran's additional disability of right knee residuals was not caused by VA's negligence or similar instance of fault, and thus denied compensation under 38 U.S.C. § 1151 for his right knee surgery.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since September 8, 2008. The Board has granted a TDIU effective from that date.

The Veteran's claims for increased ratings for his low back and right knee disabilities have been denied. The current rating of 40 percent for the service-connected low back strain with DJD L5-S1 and DDD and severe neural foraminal stenosis is maintained, as are the separate ratings for symptomatic removal of right knee cartilage (20 percent) and lateral instability (10 percent).

The Board has remanded the claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities for further development, including obtaining an examination and medical opinion regarding the Veteran's ability to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for cervical strain, residuals of a head injury, and bilateral hearing loss due to procedural deficiencies. The Veteran's tinnitus and degenerative joint disease of the knees have been granted service connection.

The Veteran's service-connected scar, post pilonidal cystectomy and right knee osteoarthritis are being remanded for new VA examinations to determine the current severity of her conditions.

The Board has remanded the cases due to a failure to issue a Statement of the Case (SOC) for the issues of entitlement to an initial rating greater than 10 percent for right knee meniscal tear and left knee ACL tear.

The Board has remanded the claims for hernia, surgical scar associated with a hernia repair, left knee condition, and bilateral hand condition due to incomplete VA examinations. The Veteran's service treatment records and lay statements are considered in determining whether her conditions are related to service.

The Board has reopened the Veteran's claims for service connection for various conditions, but has remanded them for further development. The issues of service connection are now pending.