Knee decisions — 2023

The Veteran's claims for increased ratings, service connection, and other issues are being remanded due to the need for additional examinations and the potential existence of outstanding VA treatment records.

The Veteran's claims for service connection have been reopened, but the Board has not yet determined whether these conditions are related to his military service.

The Board has remanded the Veteran's claims for increased ratings for right knee degenerative joint disease and entitlement to a TDIU due to ongoing development needs. The case will be returned to the Board after further action.

The Board has denied service connection for right shoulder arthritis and strain, left shoulder arthritis and strain, right knee arthritis, left knee arthritis, and prostate cancer as there is no evidence of chronic symptoms during or within one year after service separation.

The Board has remanded the claims for service connection for tinnitus and right knee degenerative arthritis due to insufficient evidence. The claim for an acquired psychiatric disorder remains pending.

The Veteran's appeal for an initial rating in excess of 10 percent for degenerative arthritis of the left knee is dismissed. The Board also remanded issues regarding increased ratings for service-connected back disabilities, osteoarthritis of the right hip (limitation of flexion), and osteoarthritis of the right hip (limitation of extension).

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for a right knee disorder (limited flexion) and a rating in excess of 10 percent for a right knee disorder (slight instability). Additional examinations are needed to assess the current severity of these conditions.

The Veteran's representative withdrew all issues on appeal in a July 2022 written statement, leading to the dismissal of the appeal.

The Board has remanded the Veteran's claims for increased ratings and service connection due to deficiencies in VA examinations, a duty to assist error regarding records from Dr. M, and issues related to peripheral neuropathy/tremors potentially linked to herbicide exposure.

The Veteran's bilateral knee and hip disabilities, as well as his psychiatric disorder, are being remanded for further examination to determine if they are secondary to his service-connected back disability. The TDIU claim is also remanded.

The Board has remanded the claim of entitlement to total disability for individual unemployability (TDIU) due to conflicting assertions regarding whether the Veteran requires more time to submit a VA Form 21-8940 and whether it is required at all. Further, a retrospective VA opinion must be obtained that provides an analysis of the Veteran's service-connected disabilities on his employability since June 2000.

The Veteran's left knee instability post ACL reconstruction is rated at 20 percent from May 8, 2006. The right knee tumor excision scar and functional impact are not service-connected.

The Veteran's PTSD is granted as service-connected. The right knee and low back disabilities are remanded for further examination and determination of their etiology.

The Veteran's claims for tinnitus, right and left ankle disabilities, right and left knee disabilities, and right and left shoulder disabilities have been granted. The service connection is established based on direct evidence of a current disability, in-service exposure to noise, and continuity of symptoms since separation from service.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected bilateral knee disabilities, including any symptoms related to instability and the need for assistive devices.

The Veteran's duodenal ulcer was rated at 10 percent from March 4, 2011, to September 28, 2018. From September 28, 2018, the rating increased to 20 percent but no higher. The right knee subluxation/lateral instability was initially rated at 20 percent and then denied for an increase.

The Board has decided to remand the Veteran's claims for a left knee disorder and an acquired psychiatric disorder due to outstanding medical records during his period of incarceration. The case will be further evaluated by VA examiners.

The Board denied a separate compensable disability rating for right knee instability prior to November 7, 2016, finding that the evidence did not support the presence of instability during this period.

The Board has remanded the Veteran's claims for additional development due to new evidence received and incomplete records from his service.

The Board denied service connection for vertigo and denied initial evaluations in excess of 10 percent for left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and right lower extremity radiculopathy. The appeal of sleep apnea was dismissed.