Knee decisions — 2023

The Veteran's service-connected disabilities, including bilateral hearing loss and right knee strain with traumatic arthritis associated with residuals of right ankle fracture, make it unlikely that he is able to obtain and maintain substantially gainful employment. The Board has granted a TDIU based on this finding.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound status, leading to the denial of SMC benefits for the period from August 24, 2020, through October 1, 2020. The appeal regarding SMC based on statutory housebound status is dismissed as moot.

The Board has granted a 30 percent rating for right knee instability since August 15, 2019. The issue of a higher rating for chondromalacia patella of the right knee is remanded due to incomplete records.

The Board has granted service connection for a right hip disability, diagnosed as right hip internal derangement. The claims of bilateral hallux valgus and right knee disability are remanded due to insufficient medical opinions.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (including PTSD, anxiety, and insomnia), headaches, traumatic brain injury, obstructive sleep apnea, knee disorders, foot disorders, ankle disorders, elbow disorders, shoulder disorders, hip disorders, hand disorders, wrist disorders, lumbar spine disorders, shin disorders, cold injury disorders, upper extremity cold injury disorders. The Board found that the Veteran did not have a diagnosis for these conditions during service or within one year of discharge and thus could not establish service connection.

The Board has determined that the Veteran does not have current diagnoses of any claimed foot, hip, knee, or lower back conditions. The claims for these conditions are therefore denied.

The Veteran's initial compensable ratings for vertical surgical scars of the right and left knees have been denied.,The Veteran's initial rating in excess of 10 percent for painful surgical scars of bilateral knees has also been denied.

The Veteran's right hip, left hip, and right hand rheumatoid arthritis are not service-connected.,The Veteran's seizures are not service-connected.

The Board has determined that a remand is necessary to correct the pre-decisional duty to assist error and obtain an adequate VA examination for the Veteran's left knee disability.

The Veteran's appeal of the December 2018 SOC is reinstated, and his claims for service connection are decided on their merits.

The Veteran's service-connected musculoskeletal disabilities, including tinnitus and bilateral hearing loss, rendered him unable to secure and follow a substantially gainful occupation prior to April 27, 2022. As of that date, his combined disability rating reached 100 percent due to additional service-connected conditions, making the TDIU issue moot.

The Board has remanded both issues for further review due to inadequate VA examinations and the need to consider additional evidence from the claims file.

The Veteran's claims for increased ratings for right knee strain and residuals of right ankle condition are being remanded due to the need for additional medical opinions regarding the severity of his disabilities during flare-ups.

The Veteran's SLE with scarring alopecia and bilateral knee osteoarthritis was granted a 100 percent disability rating from May 11, 2021. Prior to that date, the Veteran had a 60 percent disability rating.

The Board has granted service connection for a chronic left knee disorder and bilateral pes planus, finding that the Veteran's conditions are related to his military service.

The Board has dismissed the Veteran's appeals for service connection of multiple disabilities, including left shoulder disability, bilateral eye disability, neck disability, left knee disability, right knee disability, and seizure disability, due to the Veteran's death during the appeal process.

The Veteran's appeals for increased ratings and service connection were dismissed as the VA Form 10182 was not timely filed.

The Board has remanded the claims for service connection for back disability, right knee disability, and left knee disability due to a pre-decisional duty to assist error. The Veteran needs to be provided with a Gulf War examination to determine if his disabilities are related to his service in Southwest Asia.

The Board denied service connection for a left ankle sprain, gout, left knee strain, and mild left shoulder degenerative changes as they are not related to the Veteran's military service.,There is no evidence in the record that links any of these conditions to the Veteran's active duty or National Guard service.

Service connection for tinnitus is granted.,Service connection for a disorder of the left lower leg, right lower leg, left knee, and right knee disorders are denied.,Service connection for a left shoulder disorder and right shoulder disorder are denied.,Service connection for rhinitis is granted.