Knee decisions — 2023

The Veteran's headaches are granted a 50% rating as of July 24, 2018. The remaining issues on appeal (left shoulder condition, right shoulder labral tear with degenerative arthritis, lumbar spine disability, right knee condition, muscle strain of the bilateral arms, thighs, and calves, reactive airway disease with asthma, and IBS) are remanded for further evaluation.

The Board has determined that the Veteran's back and right knee conditions are not service-connected, as there is no evidence to support a finding of in-service incurrence or aggravation.

The Veteran's claim for service connection for fibromyalgia has been reopened and granted. The claims for right knee disability, left knee disability, eye disability, hypertension, and heart disability remain denied.

The Board has decided to remand the case due to inadequate VA examination reports and opinions, specifically regarding the Veteran's right knee patellofemoral syndrome (PFS). The Veteran is required to undergo a new VA examination to assess his current severity of the disability.

The Veteran's tinnitus was granted service connection. The Board found that the evidence supported a finding of in-service onset and continuity of symptomatology.,Service connection for left foot toenail disability, right foot toenail disability, left foot fungus disability, and right foot fungus disability were all granted. The Board determined that the evidence supported an in-service onset and continuity of symptomatology.

The Board denied SMC based on aid and attendance and/or housebound for the period from December 27, 2017 to November 23, 2020 due to lack of need for regular aid and attendance or permanent confinement.

The Board has decided to remand the case due to inadequacy of the VA examiner's opinion regarding the etiology of the Veteran's left knee disability. The Veteran is required to be examined by a VA physician to determine if his current condition is related to service.

The Veteran's left knee instability is granted a 20 percent rating, but no higher. The right shoulder disability prior to October 16, 2021, and TDIU prior to May 20, 2022, are denied. Service connection for an acquired psychiatric disorder is reopened.

The Veteran's insomnia is denied as it is a symptom of his PTSD. The Board finds that the Veteran has allergic rhinitis due to exposure to burn pits during service in Iraq, granted under the PACT Act.,The Veteran's bilateral flat fleet and plantar fasciitis disorder is remanded for further examination and opinion regarding its etiology.,The Veteran's right knee disorder is denied as it is less likely than not related to his service-connected left knee disorder.

The claims of service connection for back, right knee, and left knee disorders have been readjudicated due to new and relevant evidence. The claim for service connection for a neck disorder is denied.,The claims of service connection for right hand and left hand disorders are remanded as there is insufficient evidence to determine their relationship to service.

The Veteran's VA disability benefits are denied because his separation pay was granted for his second period of service, and he received VA benefits based on that same period. The appeal is dismissed.

The Board has granted service connection for right and left knee disabilities as secondary to the Veteran's service-connected degenerative disc disease with spondylosis L4-L5 status post spinal fusion, effective from the date of the appealed decision.

The Board has granted service connection for a left ankle disability and a right knee disability, both related to injuries sustained during active duty for training on August 4, 1981.

The Veteran's claims for increased ratings for his service-connected right and left knee disabilities, as well as for a scar from his total knee replacements, were denied. The Veteran was granted initial 10% ratings effective July 21, 2023, for the scars.

The Veteran's service-connected disabilities, including right eye enucleation, muscle injuries, and right knee arthritis, significantly impact his ability to obtain and maintain substantially gainful employment. The Board finds that the evidence is in approximate balance that he is unable to secure or follow a substantially gainful occupation.

The Board has granted service connection for obstructive sleep apnea and a right knee disorder, finding the evidence in approximate balance as to whether these conditions are related to service.

The Board has determined that new evidence supports readjudicating the claims for service connection of bilateral hearing loss and left knee disability. The decision to deny service connection for a left knee disability remains, as it was found to be due to willful misconduct.

The Veteran's service connection claims for headaches, sleep apnea, and a separate right knee condition are remanded due to the need for additional medical opinions.

The Board has dismissed the Veteran's appeals regarding whether new and relevant evidence has been received to warrant readjudicating his claims for service connection for left knee and right knee conditions. The claims were erroneously placed in the AMA appeal system, which is not applicable due to the date of the initial decision.

The Board has remanded the claims of service connection for left shin splints, right shin splints, right knee osteoarthritis, and bilateral pes planus due to a failure to ensure an adequate examination was rendered.