Knee decisions — 2023

The Veteran's service connection claim for primary anemia has been withdrawn. The Board grants the Veteran's service connection claim for hypertension as secondary to in-service exposure to herbicide agents, with the effective date being October 1, 2026 (PACT Act). The remaining issues are remanded.

The Veteran's appeal for vision loss, left knee condition, left ankle condition, and total disability rating based on individual unemployability has been dismissed. The appeals for right knee condition, right foot condition, left foot condition, and low back condition (secondary to right knee, right foot, and left foot conditions) have been remanded.

The Board has reopened the claims for service connection of a neck disability and left knee disability, but denied other claims due to lack of new and material evidence. The decision is mixed as some issues were granted while others were denied.

The Veteran's claim for increased ratings for his left knee disability was denied. The highest warranted rating of 20 percent has been assigned for each issue, including meniscectomy residuals, instability, limitation of flexion, and limitation of extension.

The Board has granted service connection for left and right knee degenerative arthritis as secondary to the Veteran's service-connected DDD other than IVDS with spinal stenosis and spondylolisthesis.

The Board has dismissed the Veteran's appeals for service connection and rating issues due to his withdrawal of those claims. The TDIU claim was also dismissed as there is no evidence that an earlier effective date can be assigned.

The Board has denied service connection for G6PD deficiency, heart condition, high blood pressure, and prostate condition as there is no evidence of these conditions during active service or within one year post-service. The Veteran's current diagnoses are not shown to be related to his military service.

The Veteran's appeals for higher ratings and effective dates have been dismissed due to withdrawal of his claims. The Board has remanded the issues of entitlement to higher initial ratings for service-connected left knee meniscal tear, joint osteoarthritis, and an effective date prior to December 14, 2011, for the grant of service connection for right knee meniscal tear, joint osteoarthritis, and right knee anterior cruciate ligament.

The Veteran's appeals for service connection have been withdrawn. The claim for left knee disability has been reopened due to new and material evidence, but the issues of rating and secondary service connection remain pending.

The Veteran's claims for increased ratings for his right knee and lumbar spine disabilities were denied because he failed to report for the scheduled VA examinations without showing good cause.

The Veteran's appeals for increased evaluations of his left and right knee disabilities have been dismissed as he has withdrawn the appeal.

The Veteran's claim for an increased evaluation in excess of 70 percent for PTSD and major depressive disorder is remanded due to inadequate prior examination, and a new opinion is required.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are at least as likely as not related to noise trauma sustained during service. Service connection is also granted for tinnitus. However, the right knee degenerative arthritis disease status post arthroscopy claim remains pending due to a need for additional examination.

The Veteran's left hip limitation of flexion is not limited to 45 degrees or less, which does not warrant a separate compensable rating.,The Veteran's left hip impairment of the thigh and left knee patellofemoral syndrome are currently rated at their maximum schedular ratings (20% and 10%, respectively), so higher ratings are not available for these conditions.,There is no evidence of ankylosis or other pathology such as femur fracture or flail joint, which would allow for a rating under DCs 5250, 5254, or 5255.

The Veteran's claim for a rating greater than 10 percent for left knee instability prior to June 21, 2021 was denied. Effective May 16, 2016, the Veteran is granted TDIU based on service-connected disabilities.

The Veteran's claims for service connection of various conditions have been dismissed as the Veteran withdrew his claims during a hearing. The claim for TDIU has been granted.

The Veteran's combined disability rating is 40 percent, which does not meet the threshold schedular requirement for a TDIU. The Board found that his service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board denied the Veteran's petitions to reopen his claims of service connection for low back and bilateral knee pain, finding no new and material evidence that would support these claims.

The Board has remanded the Veteran's claim for a right knee disability due to incomplete evidence from a VA examination. The claim will be reviewed again after the requested examination results are received.

The Board has determined that the Veteran's right and left knee disabilities are secondary to his service-connected left ankle degenerative arthritis. However, due to incomplete information in the claims file, a new VA examination is required for both conditions.