Knee decisions — 2023

The Board has reopened the previously denied claims of service connection for various conditions, including left ankle disability, knee disabilities, right middle finger disability, fibromyalgia, and an acquired psychiatric disorder. The underlying claims are now remanded for further adjudication.

The Veteran's claim for a rating of 50 percent for headaches has been granted. Other claims have been reopened and are pending further review.

The Board has remanded the Veteran's claims of service connection for back, right hip, left knee, and right knee disabilities due to difficulties in scheduling VA examinations because he is incarcerated.

For the period prior to November 26, 2018, a 10 percent rating for painful motion of the right knee is granted.,Beginning November 26, 2018, a 30 percent rating for limitation of flexion of the right knee is granted. The Veteran's right knee disability increased in severity after this date.,For the period prior to January 16, 2021, a 20 percent rating for limitation of extension of the right knee is granted. For the period beginning January 16, 2021, TDIU based on service-connected disability is remanded.,TDIU was denied as the Veteran was working full-time prior to this date.

The Board has remanded the case due to inadequate reasons and bases for its finding of substantial compliance with the April 2019 Board remand directives, specifically regarding the Veteran's lay statements about her knee pain and functional impairment.

The Veteran's right knee disability, including post-operative residuals of a meniscectomy and DJD, is currently rated at 40 percent effective November 9, 2022. A separate initial 20 percent rating has been granted for the status post arthroscopic meniscectomy with DJD.

The Board has granted service connection for bilateral hearing loss. The claims of service connection for right and left knee conditions, malaria, residuals of a left thigh wound, and left thigh scar are remanded due to the need for additional medical opinions.

The Board has denied the Veteran's claims for service connection for lower back, right knee, and left knee conditions due to a lack of evidence showing that these conditions began during or are otherwise related to his military service.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected left knee disability, finding that his flexion was limited to 130 degrees and extension was at zero degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5260.

The Veteran's appeals for increased ratings and the reduction of his disability rating have been withdrawn, resulting in the dismissal of all related issues.

The Board has remanded the claims for service connection for low back, right knee, left knee, and left shoulder disabilities due to inadequate medical opinions in the May 2019 decision. The Veteran's lay statements regarding in-service injuries and symptoms must be meaningfully addressed.

The Veteran's appeals for left knee and right hand disabilities were dismissed due to the Veteran withdrawing his appeals. The appeal for acquired psychiatric disability is remanded, and the appeal for PFB is also remanded.

The Board has granted service connection for an acquired psychiatric disorder, a left knee disability, and denied service connection for bilateral hearing loss. The gastrointestinal disability issue is not addressed in the decision.

The Veteran's claim for a rating in excess of 10 percent for his lumbar spine disability is being remanded due to the need for an updated VA examination.,The Veteran's claim for service connection for his right knee disability, which he contends is secondary to his service-connected left knee disability, is also being remanded.

The Veteran's service-connected right knee disabilities do not meet the criteria for SMC based on aid and attendance or housebound status as they do not render him permanently bedridden or in need of regular aid and assistance.

The Board has remanded the claims for entitlement to service connection for left knee, right knee, and bilateral eye disabilities due to incomplete records and need for further examination. The Appellant's service treatment records show injuries during ACDUTRA but no specific mention of service in Honduras or active duty in 1979. Further development is needed to clarify diagnoses and determine the etiology of current symptoms.

The Veteran's left knee condition is rated at 10 percent, and his left and right Achilles tendonitis conditions are each rated at 10 percent. The claims for increased ratings have been granted.

The Veteran's claims for increased ratings and service connection for knee conditions are being remanded due to the need for clarification regarding estimated range of motion measurements provided in a previous examination.

The Veteran's sinusitis is granted service connection as it is presumed to have been caused by his exposure to fine, particulate matter during service in the Persian Gulf. The remaining issues are remanded for further examination and review.

The Board has remanded the case for further development and clarification regarding who is the proper appellant in this appeal, as well as obtaining authorizations to obtain outstanding private treatment records.