Knee decisions — 2023

The Veteran's claim for service connection for a right hand (wrist injury) has been reopened and granted. The claims for left shin splint, left knee condition, and right shin splints are remanded for further examination and determination.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and other issues.

The Veteran's claim for a higher rating for his service-connected left knee surgical scars has been denied. The Board has also remanded the TDIU issue due to insufficient evidence regarding the impact of his disability on his employment.

The Board has remanded the Veteran's claims for left and right knee chondromalacia as they were not fully addressed in the previous decision. Additional evidence is needed, including SSA records and a VA examination to assess current disability levels.

The Board has determined that a remand is necessary for the Veteran to undergo examinations and obtain additional medical opinions regarding his right knee disability, bilateral hearing loss, and respiratory condition.

The Veteran's right knee disability has been rated at 60% since June 1, 2009. The Board granted a TDIU for the duration of the period on appeal.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment as of September 13, 2012. The Board has remanded the issue for referral to VA's Director of Compensation Service for extraschedular TDIU consideration from January 9, 2012, to September 13, 2012.

The Board has remanded the Veteran's claim for an initial rating in excess of 10 percent for his service-connected torn anterior cruciate ligament (ACL) of the left knee due to insufficient development.

The Board has remanded the claims for increased ratings for bilateral knee disability and instability due to outstanding VA treatment records, need for a new VA examination, and contradictory findings of instability.

The Veteran's TDIU claim is remanded due to unclear employment history and the need for clarification of his work hours, income, and dates from 2015 through 2018. The RO should request this information from the Veteran's previous employer.

The Board has remanded the cases for additional development due to new evidence received in the record. The Veteran's service-connected left knee degenerative arthritis and other conditions are being reviewed.

The Board denied compensation under 38 U.S.C. § 1151 for kidney damage and left knee disability, finding that the proximate cause of these disabilities was not due to carelessness, negligence, lack of proper skill, error in judgment or other instance of fault on the part of VA.

The Veteran's migraine headaches were rated at 30% prior to September 1, 2022, and the Board found that they did not meet or approximate the criteria for a higher rating.,For the period from September 1, 2022, forward, the Veteran's migraine headaches met the criteria for a 50% rating.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in previous VA examinations and failure to consider lay statements of record. The claims will be further developed to address the nature and etiology of any left calf, left knee, lumbosacral spine, and left lower extremity radiculopathy conditions.

The Veteran's right ear hearing loss disability is denied as there is no evidence of a current disability for VA purposes.,For the period prior to September 7, 2021, the Veteran's left knee DJD with patellofemoral syndrome was rated at 10 percent. From March 1, 2022, the rating has been denied as there is no evidence of a higher disability.,The Veteran's left knee replacement from June 15, 2018 to September 7, 2021, received a separate 10 percent rating for instability. From March 1, 2022, the Veteran's left knee replacement has been denied as there is no evidence of higher disability.,The Veteran's PTSD was granted at a 70 percent rating from June 15, 2018 to September 7, 2021. The appeal for a higher rating remains pending.

The Board denied the Veteran's claim for service connection for right knee osteoarthritis and degenerative arthritis with tendonitis and patellofemoral pain syndrome, finding that his current disability was not caused or aggravated by a service-connected condition.

The Veteran's claims for service connection for a left ankle disability and chronic otitis externa are granted. The claim for service connection for a left knee disability is remanded.

The Board has decided to remand the case due to an inadequate examination, and a new one is needed for the Veteran's right knee arthritis.

The Board has remanded the cases for further development and readjudication, including obtaining a new Supplemental Statement of the Case (SSOC) that considers all evidence generated since the previous SSOC.

The Veteran's claims for increased ratings for his service-connected knee and hand conditions are being remanded due to the need for additional examinations and consideration of all relevant medical evidence.