Knee decisions — 2023

The Veteran's right knee disability claim is being remanded due to the need for additional evidence and a full readjudication.

The Veteran's claims for right shoulder, wrist, and knee disabilities are being remanded due to the need for additional examinations and the submission of outstanding medical records.

The Veteran's petition to reopen the claim of service connection for hypertension (HTN) has been granted. Service connection is also granted for GERD, but only under the PACT Act.,Service connection for HTN and related conditions are remanded due to insufficient evidence on the etiology.

The Board denied service connection for cervical spine, right knee, and kidney disabilities due to a lack of evidence linking these conditions to service.,Specifically, the Veteran's current diagnoses were not shown to have been present during his active duty service or within one year post-service.

The Veteran's VA compensation benefits were improperly terminated from September 16, 2016 to January 8, 2018 due to fugitive felon status. The reduction of his benefits from January 9, 2018 to June 9, 2018 was also improper due to incarceration.

The Board has dismissed the appeals to sever service connection for knee strain, left and right knees as the AOJ has not yet issued a final decision.

The Board has dismissed all appeals regarding service connection for various conditions as the Veteran died during the appeal process.

The Board has remanded the cases due to a duty to assist error, requiring further development and examination for service connection of left ankle and left knee disabilities.

The Board has granted service connection for the Veteran's right elbow, right hip, and right shoulder disabilities, as well as his sleep apnea, left knee condition, and right knee condition. The decisions are based on direct evidence of in-service injury and current disability.

An increased rating of 20 percent for the Veteran's left knee condition is granted from April 5, 2019 to May 26, 2020.,The effective date for service connection of the right knee scar is set at October 12, 2017, and for the left knee scars at July 31, 2014.

Effective dates of October 26, 1978 have been granted for PTSD, TBI, cervical spine disability, right hip disabilities, and migraine headaches. Effective dates prior to February 14, 2011 have not been granted for loss of sense of smell, taste, and erectile dysfunction.

The Board has remanded the Veteran's claims for service connection for left knee, right knee, left ankle, and right ankle conditions, as well as an acquired psychiatric disorder. The VA examinations did not consider relevant evidence from 2010 to 2011, and there are outstanding treatment records that need to be obtained.

The Board has remanded the claims for service connection for left knee and left wrist disabilities, as secondary to right knee disabilities due to toxic exposure at Camp Lejeune.

The Veteran's right knee disability is being remanded for further development and examination to determine its etiology.

The Board has remanded the Veteran's claims for hepatitis C, anxiety disorder, hypertension, skin disability, right knee disability, and left knee disability due to insufficient medical evidence. The Veteran will need to undergo VA examinations to determine the current nature of these conditions and their likely etiology.

The Veteran has withdrawn all his appeals regarding the service connection and rating for various conditions, including radiculopathy of the left lower extremity, hypertensive vascular disease, left knee non-degenerative arthritis, psychological psychogenic movement disorder, and lumbar strain. The appeal is dismissed.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability. The claims of service connection for an acquired psychiatric disorder, back condition, and left knee condition are remanded due to the need for additional development.

The Veteran's appeal for increased ratings of his left knee strain and a separate rating for left knee instability is being remanded due to the need for additional examinations. His claims for service connection for tinnitus and right ear hearing loss are also pending.

The Veteran's service-connected disabilities, including her right ankle and knee conditions, have rendered her unable to secure or follow substantially gainful employment since February 8, 2011.

The Veteran's claim for service connection for tinnitus is granted. The Board finds the Veteran's report of noise exposure during service consistent with his DD214, and acknowledges that he has indicated a continuity of symptomatology from service to present. However, the Board also notes that there are no service treatment records documenting any relevant complaints or diagnoses of tinnitus. The Veteran was provided an addendum opinion on remand regarding the etiology of his lumbar spine disability due to carrying heavy protective gear during service.