Knee decisions — 2023

The Board has determined that there was not substantial compliance with the remand directives and thus the claims for service connection of right shoulder, back, and right knee disabilities are being returned to the RO for additional development.

The Veteran's appeal for increased ratings for left knee instability, limitation of extension prior to October 23, 2015, and limitation of extension from October 23, 2015, to October 27, 2021, has been denied. The current rating for left knee instability is 20 percent.

The Board has granted service connection for the Veteran's right knee disability as secondary to his service-connected left ankle disability, resolving the benefit of doubt in favor of the Veteran.

The Board has reopened the claims for service connection for back and left knee disabilities due to new evidence submitted by the Veteran.,Service connection is granted for a back disability, but the claim for left knee disability remains remanded.

The Board has dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board has remanded the cases of service connection for a bilateral knee condition, including as a result of undiagnosed illness; service connection for a disability manifested by joint pain, claimed as polyarthritis, including as the result of undiagnosed illness; and service connection for a low back disorder due to unresolved issues related to medical opinions and whether these conditions qualify as MUCMI.

The Veteran's right knee laxity is rated at 20 percent, and the Board denied a higher rating as his instability does not meet the criteria for more severe disability.

The Veteran's claim for increased ratings for her left knee disabilities was denied. The rating of over 10 percent for left knee degenerative arthritis prior to January 8, 2020 is denied. A rating of 30 percent for left knee degenerative arthritis manifesting in favorable ankylosis as of January 8, 2020 is granted. A rating of 10 percent for left knee instability as of January 10, 2019 is granted. The claim for a higher rating for left knee instability as of January 8, 2020 is denied.

The Board has remanded the case due to conflicting medical opinions regarding the Veteran's right knee instability prior to November 7, 2016. The AOJ is instructed to obtain a new retrospective opinion from a qualified person to address these issues.

The Veteran's claim for increased ratings for right knee osteoarthritis was denied. The Board found that the Veteran's flexion limitation did not meet the criteria for higher ratings prior to October 21, 2020 and from October 21, 2020 onward.

The Veteran's attorney has withdrawn the appeal for service connection claims and a rating in excess of 70 percent for PTSD with MDD prior to June 7, 2017. The appeals are dismissed.

The Veteran's claims for increased ratings for PTSD, service connection for left knee and right shoulder disorders, and HTN have been denied. The appeals are dismissed as the submitted evidence does not raise a reasonable possibility of substantiating the claims.

The Veteran's appeal is remanded for further development regarding his claim of service connection for obstructive sleep apnea (OSA). The Board finds that the left knee disability has been productive of painful flexion, but noncompensable limitation of motion. A separate initial 10 percent rating is granted for painful extension from May 4, 2014. For instability, a 20 percent rating is granted from November 16, 2015 to August 29, 2022.

The Board has determined that the Veteran's knee disabilities do not meet the criteria for a TDIU prior to December 27, 2011. The appeals for increased ratings are remanded as further development is required.

The Board has remanded the cases due to inadequate VA examinations for service connection claims related to bilateral big toe, knee, ankle disorders and right carpal tunnel syndrome. The Veteran is required to undergo new VA examinations to determine if these conditions are related to her military service.

The Board has remanded the cases for further development and reconsideration due to new evidence received after a recent SSOC.

The Veteran's request for an increased rating in excess of 10 percent for his right knee internal derangement, Osgood-Schlatter's disease, patellofemoral pain syndrome (limitation of motion) is remanded. The propriety of the reduction of ratings for both left and right knee internal derangement, Osgood-Schlatter's disease, to 0 percent is also remanded.

The Veteran's claim for an initial rating of 70 percent for unspecified anxiety disorder, as well as claims for service connection for left knee disorder and low back strain, have been granted. The claim for residuals of traumatic brain injury was denied.

The Board has decided that the Veteran's right and left knee disabilities are not related to service, but has ordered a new examination to consider whether his PTSD led to obesity or aggravated it, which may be linked to his knee disabilities.

The Veteran's diabetes mellitus is granted as service connected due to herbicide exposure. The Board also remanded the issues of peripheral neuropathy, bilateral knee disorder, and skin disability for further examination and opinion.