Knee decisions — 2023

The Veteran's appeal is remanded for further examination and opinion regarding his lower back condition. The remaining issues of service connection are denied.

The Veteran's left knee post arthroplasty is now rated at 60 percent, effective August 19, 2015. The claim for a rating in excess of 10 percent for left knee instability prior to March 1, 2017, is moot due to the grant of a higher rating.

The Board has remanded the claims for additional development, including consideration of newly-obtained service records and medical opinions. The appellant's current hearing loss disability does not meet VA criteria for a hearing loss disability. For other conditions, the Board finds that there is no evidence to support their onset in service or relationship to service.

The Board has reopened the service connection claim for respiratory disability and remanded the claims for bilateral knee and shoulder disabilities due to secondary service connection. The Veteran's current respiratory condition may be related to his in-service symptoms, but further examination is needed.

The Board has granted service connection for vestibular disability (including vertigo), left knee condition, and hypertension condition as secondary to the Veteran's service-connected migraines, left ankle condition, and chronic pain. The conditions are related to the service-connected disabilities and have been aggravated by them.

The Veteran's appeals for service connection and increased rating claims for his knee and finger disabilities, as well as his claim for an earlier effective date for PTSD, are dismissed. The appeal for the effective date of service connection for PTSD is granted to January 20, 2017.

The Veteran's right knee disability is rated at 10 percent, the lowest possible rating. The Board found that his flexion was limited to no worse than 110 degrees and extension was full (0 degrees), with painful motion throughout the appeal period.

The Board has denied service connection for a right eye disability, left foot disability (to include pes planus and heel spur), right foot disability (to include pes planus and a heel spur), left knee chondromalacia patella, left knee laxity, left ankle sprain residuals, and hypertension. The decision also dismissed the claim for TDIU.

The Board denied service connection for left shoulder disability, right shoulder disability, and left knee Osgood-Schlatter's disease. The Veteran's bilateral pes planus was found to be preexisting but not aggravated by service.

The Board has determined that further development is necessary for the Veteran's claims of service connection for various conditions, including depression, lumbar and cervical spine disabilities, left upper extremity radiculopathy, right knee patellofemoral pain syndrome, jaw disability, GERD, IBS, and tension headaches. The records will be sought to provide more information on these claims.

The Board has granted service connection for left hip, back, and right knee disabilities. The conditions are deemed to be directly related to the Veteran's military service.

The Board has dismissed the Veteran's appeal regarding service connection for a right knee condition due to its grant in full. Service connection is granted for diabetes, sleep apnea, and hypertension. The issue of service connection for gout is remanded.

The Veteran's PTSD is granted at a 70 percent rating. Service connection for his low back disability, left and right knee strains are remanded due to new evidence received since the last denial.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation prior to October 21, 2022. The Board has found that the evidence is in at least approximate balance and any remaining reasonable doubt is resolved in favor of the Veteran. TDIU is granted prior to October 21, 2022.

The Veteran's claim for an earlier effective date for the right knee disability was dismissed as a matter of law due to the finality of the September 1989 rating decision.,The claims for bilateral hearing loss and tinnitus were denied without assigning an earlier effective date because no communication prior to October 6, 2017 can be interpreted as an informal petition to reopen or service connection claim.,The Veteran's claim for a higher rating for his right knee disability was denied.

The Board has granted the Veteran's claims for effective dates prior to June 20, 2011 for the grants of service connection for spinal stenosis with spondylolisthesis and degenerative arthritis, residuals of a left knee injury, postoperative with degenerative joint disease (arthritis), and residuals of a right knee injury, postoperative with degenerative joint disease (arthritis).

Service connection for PTSD with other specified depressive disorder is granted. Ratings of 20 percent are assigned for dislocated semilunar cartilage and right knee strain, effective January 20, 2020 and February 3, 2020 respectively.

The Board has granted the Veteran's claim for service connection for a left knee disability, finding that his current condition is related to his military service.

The Board has decided to remand the claims for service connection for back disorder, bilateral foot disorder, left knee disorder, right knee disorder, headache disorder, and traumatic brain injury due to new evidence received after previous decisions.

The appeal for a rating in excess of 10 percent for tinnitus is dismissed.,Service connection for hypertension is granted, based on the PACT Act presumption of association with herbicide exposure. The effective date is August 10, 2022.