Knee decisions — 2023

The Veteran's claim for higher ratings on his service-connected peripheral neuropathy, bilateral hearing loss, knee disabilities, and varicose veins is remanded due to the need for additional examinations and medical opinions.

The Veteran's service-connected disabilities, including left knee disability, right knee arthritis, and dislocated right elbow, have rendered him unable to secure or maintain substantially gainful employment since October 1, 2010. The Board has granted a TDIU for this period.

The Board has granted service connection for both the right and left knee disorders, finding that the evidence is in equipoise as to whether these conditions are related to the Veteran's active service.

The Veteran's right knee disability, including his pre-service tibia fracture, has been rated at 30 percent since December 13, 2021. The Board denied a higher rating for the period prior to that date.

The Board has remanded the issues of entitlement to service connection for left knee and right ankle disabilities due to insufficient medical opinions addressing the Veteran's lay statements regarding symptoms during and after service.

The Veteran's right knee condition, including ankylosis and leg length discrepancy, is granted with a specific rating. Right knee instability is granted at 10% from July 26, 2018, to March 13, 2020, but denied for other periods.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further medical opinions regarding his bilateral eye disorder, right knee disorders, left knee disorders, and left hip disorder.

The Board denied an increased rating in excess of 60 percent for the Veteran's right knee disability, finding that the maximum schedular rating under Diagnostic Code 5055 is already assigned and additional ratings under other diagnostic codes would constitute pyramiding.

The Board has reopened the Veteran's claims for service connection for acquired psychiatric disorder, jammed left shoulder, chronic right elbow disability, chronic left elbow disability, chronic right knee disability, chronic left knee disability, and unspecified joint disease. These claims are now remanded to allow for further development.,The Board also dismissed the claim of entitlement to service connection for diverticulitis.

The Board dismissed the appeal as to entitlement to an initial rating in excess of 10 percent for limitation of motion of the right knee, finding that there is no case in controversy regarding the issues raised in the July 2018 Notice of Disagreement.

The Veteran's appeal for floaters in both eyes was dismissed. The Veteran's left knee chondromalacia patella condition is granted as service-connected. The right knee condition remains under review and will be remanded.

The Veteran's initial disability rating for his service-connected digestive system condition has been granted at a maximum of 60 percent. The appeals for increased evaluations for his left and right knee disabilities are remanded.

The Veteran's claim for service connection of hypertension has been dismissed as the appeal was withdrawn by the Veteran.,The Veteran's claim for an increased rating for right knee replacement (total right knee replacement with degenerative joint disease) is partially granted, with a rating of 30% from November 19, 2012 to May 6, 2016. The issue has been remanded for further review.,The Veteran's claim for an increased rating for right knee medial lateral instability is granted, with a rating of 30%.

The Board has remanded the Veteran's claims for increased ratings for his bilateral knee conditions and for a TDIU prior to December 28, 2011 due to additional development being needed.

The Veteran's service-connected conditions, including obstructive sleep apnea, Crohn's Disease, and gouty arthritis of the joints, rendered him unable to secure or follow substantially gainful employment.

The Board has remanded the claims due to a duty to assist error regarding the Veteran's worker's compensation records. These records are needed to determine if his current disabilities are related to service.

The Veteran's appeals for a compensable rating for right lateral epicondylitis, service connection for left arm disorder, migraine disorder, left elbow disorder, bilateral metatarsalgia, right knee disorder, left knee disorder, acquired psychiatric disorder (including PTSD, anxiety disorder, and major depressive disorder), and thyroid disorder have been dismissed.,The Veteran withdrew her appeals for these specific issues at a hearing before the Board of Veterans' Appeals.

The Veteran's claim for a temporary total evaluation based on convalescence following left knee replacement surgery is denied as the period of convalescence occurred more than one year prior to his April 27, 2017 claim.

The Board has remanded the Veteran's claims for service connection for left knee and hip disabilities due to a lack of adequate examinations and medical opinions addressing all theories of entitlement.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for neck, back, right knee, left knee, right shoulder, and left shoulder disabilities. The claims are being remanded due to a duty to assist error.