Knee decisions — 2023

The Veteran's service-connected disabilities, including headaches and a left knee disability, precluded him from securing or following substantially gainful employment from April 1, 2011, to January 19, 2012. The Board granted TDIU during this period.

The Board has restored a separate 10 percent rating for residuals of left knee medial meniscectomy under Diagnostic Code 5259, effective September 28, 2015. The Veteran's appeal is also remanded to obtain new VA examinations and implement the award of a separate 10 percent rating for limitation of flexion.

The Board has remanded the case due to a lack of consideration of favorable medical evidence regarding the Veteran's pain with prolonged sitting, and for an examination to assess his ability to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including acute intermittent porphyria with iron deficiency anemia, somatization disorder, left and right lower extremity peripheral neuropathy, left knee instability, left knee chondromalacia patella, and right knee chondromalacia patella, have at least as likely as not prevented him from engaging in substantially gainful employment since 13 December 2011. The Board granted an effective date of 13 December 2011 for the TDIU.

The Board has determined that the Veteran's right knee condition is at least as likely as not caused by and/or aggravated by his service-connected left knee condition, thus granting service connection for this secondary condition.

The Board has restored the Veteran's right knee disability rating from 10 percent to 20 percent effective October 30, 2017.

The Veteran's left and right knee disabilities have been granted service connection.,Service connection for a heart disability has not been established.

The petition to reopen the claim for service connection for bilateral hearing loss is denied. The Veteran's left index finger disability, erectile dysfunction, right knee disability, irritable bowel syndrome, hypertension, lumbar myositis, and left knee patellar tendonitis (post-AACL repair) are all remanded for further review.

The Board has remanded the Veteran's claims of entitlement to service connection for right and left knee disabilities due to inadequate examination findings and the absence of x-ray evidence.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating under Diagnostic Code 5243 for his degenerative disc disease of the lumbar spine, and he was also denied a higher rating for his right leg radiculopathy.

The Board has remanded the cases for additional development due to non-compliance with prior remand instructions. The Veteran's right and left knee disabilities need to be reassessed.

The Board has remanded the claims of service connection for peripheral vestibular disorder, right-hand disability, neck disability, and left knee disability due to lack of nexus opinions addressing in-service events or injuries.

The Board has remanded the Veteran's claims for bilateral knee degenerative arthritis and lumbar spine DDD with radiculopathy to obtain additional medical opinions regarding their etiology. The issues are related to service connection on a secondary basis.

The Veteran's claims for increased ratings of his right knee disability, higher initial ratings for left knee disability and scars, and a TDIU were denied due to failure to report for VA examinations. The Board found that the evidence did not meet the criteria for the requested increased ratings.

The Board has decided to remand the cases due to insufficient medical opinion regarding whether the Veteran's degenerative arthritis of the right and left knees is proximately due to or aggravated by her service-connected bursitis of the right hip and spondyloarthritis changes in L4-L5.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to inadequate examinations. The cases will be returned for further development.

The Veteran's appeal is partially granted with some issues being remanded for further evaluation.

The Veteran's right knee disability is granted a 10% rating from December 13, 2011 to June 1, 2022 for limitation of extension.,A 10% rating was granted for the Veteran's left knee disability from June 10, 2019 onward due to limitation of extension.,The Veteran's right knee and left knee disabilities are not entitled to higher ratings based on flexion or other criteria.

The Board has remanded the cases due to insufficient substantial compliance with its previous directives, specifically regarding a VA examination for right knee arthritis and instability. The Veteran is advised that she must cooperate with the VA examination process by accurately describing her symptoms and providing adequate effort on requested range of motion testing.

The Board has ordered a new examination to assess the Veteran's right knee disability, including range of motion testing and an estimate of functional impairment throughout the appeal period. The Veteran is advised that he must cooperate with efforts to develop evidence for his case.