Knee decisions — 2023

The Board dismissed the appeals for service connection of left knee and right knee arthritis due to the Veteran's request to withdraw the appeals prior to a decision.

The Board has granted service connection for right knee and left knee osteoarthritis, finding that the Veteran's symptoms are related to his active duty service.

The Veteran's claim for service connection for actinic keratosis is remanded due to a duty to assist error. The Board finds that the RO should have afforded an examination to determine if his current disability is related to his presumed exposure to herbicide agents in Vietnam.,The Veteran's claims for service connection for right and left knee disabilities are remanded due to a duty to assist error. The Board finds that the RO should have afforded an examination to determine if his current disabilities are related to carrying heavy loads during service.,The Veteran's claim for service connection for lumbar spine disability is remanded due to a duty to assist error. The Board finds that the RO should have afforded an examination to determine if his current disability is related to carrying heavy loads and/or an injury from landing on a machine gun in service.,,,

The Veteran's claims for service connection for a right knee disability and a lumbar spine disability have been granted.,The Veteran's claim for service connection for right lower extremity radiculopathy, as due to the lumbar spine disability, has also been granted.

The Veteran's left knee disability is granted as secondary to his service-connected right knee disability. The issues of service connection for a right hand disability and sinusitis are remanded.

The Board has denied the Veteran's claims for service connection for PTSD, an acquired psychiatric disorder other than PTSD, bilateral hearing loss, and bilateral knee strain due to lack of a current diagnosis. The issues of service connection for these conditions are remanded as additional development is needed.

The Board has remanded the claims for service connection for a psychiatric disorder, left knee disability, and right ankle disability due to new evidence and need for additional examination.

The Board has remanded the cases for further development due to incomplete Reserve service records and outstanding VA treatment records.

The Board denied service connection for right and left knee disabilities, vision problems, and dyshidrotic eczema. The Veteran's current conditions were not found to be related to his military service.,For GERD, the Board also denied an initial compensable evaluation prior to March 12, 2020, finding that the Veteran did not meet the criteria for a compensable rating based on symptoms of persistent reflux and other associated issues.

The Board has remanded the claims for increased ratings and TDIU due to deficiencies in the examination reports, particularly regarding the requirements of Correia v. McDonald (2016). The Veteran's right knee disability is being evaluated based on direct service connection.

The Veteran's left knee disability, including instability and limitation of motion, is rated at 30 percent prior to April 1, 2022. From April 1, 2022, the rating remains at 30 percent for instability. Separate ratings are granted for flexion (10%) and extension (10%).

The Veteran's lumbar spine disability is granted service connection. The appeals for right thigh, right knee, and sleep disabilities are dismissed due to withdrawal of the appeal. The right ankle disability appeal is remanded.

The Veteran's appeal for service connection for bilateral hearing loss has been dismissed due to lack of pursuit.,Service connection for left knee degenerative arthritis is denied as the evidence does not support a finding that the condition had its onset in service or is otherwise related to military service.,New and material evidence has been received sufficient to reopen a previously denied claim for service connection of a lumbar spine condition, but the appeal remains pending.

The Veteran's right knee disability, including limitation of flexion and extension, as well as instability, is currently rated at 10 percent. The Board has granted a separate rating for lateral instability effective January 19, 2022.

The Board has determined that additional VA medical evidence is needed to properly adjudicate the Veteran's claims, and therefore, these matters are being remanded for further action.

The Board has determined that additional evidence has been added to the record and requests a remand for further review of these claims. The Veteran's service connection claims for various conditions are being returned to the agency of original jurisdiction (AOJ) for consideration.

The Board denied the Veteran's claim for TDIU and SMC based on the need for aid and attendance of another person from July 9, 2009 to September 1, 2010 due to insufficient evidence showing that his service-connected disabilities made him unable to secure or follow substantially gainful employment.

The Veteran's right knee degenerative arthritis is rated at 10 percent, effective October 29, 2015. The Veteran's unspecified depressive disorder with unspecified anxiety disorder was initially granted a 10 percent rating prior to January 19, 2023 and later increased to 50 percent beginning on that date.,The Veteran's right knee degenerative arthritis is rated at 10 percent under Diagnostic Code 5260. The Veteran's unspecified depressive disorder with unspecified anxiety disorder was initially granted a 10 percent rating prior to January 19, 2023 and later increased to 50 percent beginning on that date.

Service connection for PTSD, lumbosacral strain, left knee strain, right knee strain, neck impairment, gastroesophageal reflux disease (GERD), and erectile dysfunction has been granted.,Service connection for back impairment, left knee impairment, right knee impairment, and psychiatric impairment has also been granted.

The Veteran's service-connected disabilities are not of sufficient severity to produce unemployability, and the Board finds that she is not unable to secure or follow a substantially gainful occupation due solely to her service-connected conditions.