Knee decisions — 2023

The Board has determined that the VA's duty to assist the Veteran was not fulfilled, and thus remanded the cases for further action. The issues of entitlement to a compensable evaluation for service-connected bilateral hearing loss, an initial evaluation in excess of 10 percent for a service-connected right knee strain, and an initial evaluation in excess of 10 percent for a service-connected left knee strain are now before the Board.

The Veteran's claim for increased ratings and TDIU was denied. The rating for residuals of right knee replacement from January 13, 2012 to September 1, 2020 is denied as the symptoms do not warrant a higher than 60 percent rating.,From September 1, 2020, the Veteran's claim for TDIU on schedular basis was denied. The claim for TDIU on extraschedular basis from September 1, 2020 is also denied.

The Veteran's right ear hearing loss does not meet the criteria for a compensable rating.,There is no evidence of a current right foot disability or left foot disability that meets service connection requirements.,No current left knee disability has been established.,No current right hand disability has been established.,No current left hand disability has been established.

The Board has decided that additional development is needed for the Veteran's claims regarding financial assistance in acquiring specially adapted housing and special home adaptation grants due to incomplete medical records and unclear extent of service-connected conditions affecting mobility.

The Board has decided to remand the Veteran's claims for right knee and Achilles' tendon disabilities due to a lack of recent VA treatment records, and to obtain updated examinations to assess current severity.

The Board has determined that the current evidence is insufficient to decide the claim for service connection for a right knee disability, secondary to his service-connected back disability. The case is being remanded for further clarification and examination.

The Board has decided to remand the case due to an inadequate VA examination, and further development is needed.

The Veteran's service-connected disabilities, including his left knee and right shoulder conditions, made him unable to secure or follow a substantially gainful occupation as of May 13, 2013. He also received SMC based on the need for regular aid and attendance.

The Board has remanded the case due to an inadequate medical examination in October 2015, and additional development is needed to address the Veteran's left knee disability.

The Veteran's claims for increased ratings for his left knee disability were denied. The Board found that the evidence did not meet the criteria for a higher rating prior to May 22, 2018 and effective July 1, 2019.

The Veteran's left total knee replacement was not more nearly manifested by severe painful motion or weakness prior to April 3, 2019. As such, an evaluation in excess of 30 percent is denied.

The Veteran's bilateral hearing loss disability, right knee disability, and right knee scar have been granted service connection. The TDIU issue is remanded.

The Board has remanded the issues of service connection for left and right knee disorders due to inadequate examination findings.

The Board restored the Veteran's 20 percent rating for right knee disability from May 31, 2016. The Veteran's claim for an increased rating for right knee instability prior to November 24, 2020 was denied.

The Veteran's right knee disability is rated at 30 percent, but the Board denied a higher rating as his condition does not meet or approximate the criteria for a higher evaluation.

The Board has remanded the claims for service connection for Right Knee Disability, Low Back Disability, and Right Hip Disability secondary to a service-connected left knee disability due to insufficient reasons or bases provided in previous decisions.

The Veteran's kidney disorder, diabetic nephropathy, is granted as secondary to his service-connected diabetes mellitus Type II. The claims for left hip flexor strain and left knee with synovitis are remanded.

The Board has determined that the VA did not substantially comply with its remand directives and requires further development for the Veteran's claims of service connection for various orthopedic disabilities, including bilateral eye disorders.

The Board has decided to remand the cases for further development due to inadequate examinations and missing private treatment records.

The Veteran's appeals for service connection and reopening of claims have been withdrawn. The Board has also remanded the issues regarding obstructive sleep apnea, whether new and material evidence had been submitted to reopen the previously denied service connection claim for a bilateral knee disorder, and whether new and material evidence had been submitted to reopen the previously denied service connection claim for a back disorder.