Knee decisions — 2023

The Veteran's appeal was dismissed due to his death, and no final decision can be made on the merits of his claims.

The Veteran's migraine headaches are rated at 50 percent, and he is granted a TDIU from May 1, 2022 due to his service-connected disabilities preventing him from securing or maintaining substantially gainful employment.

The Board has remanded the case due to a lack of substantial compliance with prior remand directives, specifically regarding the assessment of the Veteran's right knee instability throughout the rating period on appeal.

The Board has granted service connection for left knee and left ankle disabilities as secondary to the Veteran's service-connected right knee and right ankle disabilities, respectively. Service connection for bilateral hearing loss disability was denied.

The Veteran's claims for increased ratings of his service-connected right knee disability and right knee scar are being remanded due to the need for additional VA examinations to assess the current nature and severity of these conditions.

The Board has dismissed the claims of service connection for right and left knee disabilities due to the absence of an adequate substantive appeal.

The Veteran's claims for service connection for a back disorder and DMII were reopened due to new evidence. The right ankle disability appeal was dismissed as the benefit sought has been granted in full. Service connection for dyslipidemia was denied because it is not a qualifying disability for VA purposes. Other issues are remanded for further evaluation.

The Board has remanded the claims for additional development due to inadequate opinions regarding the relationship between the Veteran's service-connected asthma and his claimed conditions, including hypertension, type 2 diabetes mellitus, sleep apnea, right knee condition, low back condition, and right shoulder condition. The VA is requested to obtain new opinions addressing these issues.

The Veteran's tinnitus claim is denied as the maximum schedular rating has been assigned.,The claim for service connection for sleep apnea was previously denied, but reopened due to new and material evidence. The issue remains on appeal.,The Veteran's degenerative arthritis of the lumbar spine, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity, status post left knee injury with mild arthritis, otitis media, and hearing loss are all remanded for further evaluation.,The Veteran's service connection claim for sleep apnea is remanded as new evidence has been received. The issue remains on appeal.,The Veteran's TDIU claim is also remanded due to the inextricably intertwined nature with other issues.

The Veteran's claims for service connection have been reopened, and the Board has determined that new evidence supports reopening of these claims. The mental health disorder claim is granted as it is related to his military service.

The Veteran's appeals for increased ratings and service connection were dismissed. The Board also remanded the issue of service connection for a back disorder, which requires further examination.

The Veteran's thoracolumbar strain is currently evaluated at 20 percent, but the evidence does not support a higher evaluation due to limited forward flexion of less than 30 degrees.,The Veteran's right knee strain is currently evaluated at 10 percent, and there is no evidence supporting an increase in this rating.

The Veteran's right thumb strain, lumbar spine IVDS with degenerative joint disease, and left knee strain are all found to be related to his military service. The acquired psychiatric disorder (persistent depressive disorder and other specified anxiety disorder) and TBI claims are remanded for further examination and opinion.

The Veteran's claim for TDIU prior to April 23, 2013, is remanded due to a duty to assist error. The Board finds sufficient evidence to substantiate the possibility of unemployability by reason of service-connected disabilities prior to that date.

The Veteran's claims for service connection have been granted on a secondary basis due to his service-connected back disability. The Board finds that the evidence supports the conclusion that the Veteran's hypertension is caused by his service-connected back disability.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, headaches, hypertension, sleep apnea, and psychiatric disorders, were denied as there was no evidence of a current disability or a link to service.

The Board denied service connection for asthma, traumatic brain injury (TBI), bilateral pes planus with plantar fasciitis (claimed foot condition), left ankle nerve damage as due to bilateral pes planus with plantar fasciitis, right ankle nerve damage as due to bilateral pes planus with plantar fasciitis, and left knee nerve damage as due to bilateral pes planus with plantar fasciitis. The Board found that the evidence did not support a finding of service connection for any of these conditions.

The Veteran's right knee strain, left knee strain, and lumbosacral sprain/strain are all found to be related to his active service.

The Veteran's PTSD symptoms have been granted a rating of 50 percent, but no higher. The claim for bilateral knee muscle joint pain has been remanded due to the lack of an adequate nexus opinion.

The Board has denied the Veteran's claims for service connection for paralysis of the sciatic nerve in both lower extremities, right and left knee disabilities, and tinnitus.,The claims for acquired psychiatric disabilities (generalized anxiety disorder/PTSD and major depressive disorder) are also remanded.