Knee decisions — 2023

The Board has determined that a VA examination and medical opinion are needed to assess the combined effects of the Veteran's service-connected disabilities on her ability to obtain or maintain employment. The TDIU claim is also referred for extraschedular consideration due to the unavailability of substantially gainful employment.

The Board denied service connection for hyperlipidemia, lymphoma, left and right ankle disorders, left and right knee disorders, and a skin disorder on the right collar bone to include a skin lesion and melanoma due to lack of evidence of these conditions during or within one year after service. The Veteran's presumptive exposure to herbicides in Vietnam did not result in any of these conditions.

The Board has determined that the Veteran's claims for service connection for various conditions are not supported by the evidence and have been remanded to obtain additional medical opinions.

The Veteran's claims for increased ratings of his bilateral knee disabilities, left and right ankle Achilles tendonitis, and left ankle fracture are being remanded due to inadequate VA examinations. The Veteran is entitled to new VA examinations to assess the current severity of his conditions.

The Veteran is granted an effective date of July 4, 2012 for the grant of a 50% rating for PTSD.,An earlier effective date for the right knee disorder claim is denied.

The Board has remanded the Veteran's claims for increased ratings for his service-connected bilateral knee disabilities due to incomplete development of records and need for a VA examination.

The Veteran's appeal for a TDIU is dismissed as he has requested withdrawal of his appeal in its entirety.

The Board has determined that the VA examinations and opinions are inadequate to determine the severity of the Veteran's spine disability during flare-ups, as well as the etiology of his right knee degenerative arthritis. The claims are being remanded for further development.

The Board has remanded the claims for service connection for bilateral knee disabilities due to insufficient evidence in the record. The Veteran's claim is reopened, but further examination and opinion are needed to determine if he has a current disability and whether it is related to his military service.

The Veteran's DDD of the lumbar spine is currently rated at 10 percent prior to March 28, 2022 and 20 percent thereafter. The Veteran's left and right lower extremity radiculopathy are each rated at 10 percent.,The Veteran's left knee patellofemoral syndrome and right knee patellofemoral syndrome are both currently rated at 10 percent.

The Board has remanded the claims for left knee disability, right knee disability, bilateral hearing loss, and tinnitus to obtain additional medical records from various providers.

The Board has determined that the VA examinations conducted in September 2022 were inadequate and did not comply with the remand directives. Therefore, the claims for service connection are being remanded again to obtain new medical opinions.

The Veteran's claims for increased ratings for left tibia fracture residuals, right knee osteoarthritis, and chronic gastritis were denied. The Board found that the evidence did not support a grant of service connection for tinnitus.,For the remaining conditions, the Board determined that the current 10 percent ratings adequately reflected the severity of the Veteran's disabilities.

The Board has decided to remand the Veteran's claims for bilateral hand, knee, and ankle disabilities as well as his psychiatric disorders due to inadequate examination and opinion. Additional examinations are needed to address these issues.

The Veteran's left knee conditions, including arthritis and patellar subluxation, were rated at the maximum allowable under the applicable rating schedule. The Veteran was granted a TDIU based on his combined service-connected disabilities prior to November 8, 2013.

The Board found that the appellant's discharge from service was under other than honorable conditions due to conviction by a general court-martial. The appeal for service connection for PTSD and insanity at the time of offense is denied as there is no evidence of PTSD during service, and the character of discharge bars VA benefits.

The Veteran's appeals for increased ratings in multiple conditions have been dismissed due to the withdrawal of his appeal by the appellant.

The Veteran withdrew their appeal regarding the reduction of disability evaluations for right shoulder and right knee disabilities, effective September 1, 2017.

The Veteran's appeal for a higher rating for his right knee degenerative arthritis and instability was denied. He is currently rated 10 percent for both conditions.

The Veteran's appeal is being remanded for additional examinations and development to determine the nature and etiology of his claimed left shoulder, left knee, right knee (other than chondromalacia), and respiratory disorders. The TDIU claim has been granted.