Knee decisions — 2023

The Veteran's appeals for increased initial ratings and effective dates for right knee osteochondroma, right knee instability, and impairment of the right tibia are dismissed as they were previously adjudicated by the Board in a June 2023 decision.

The Board has dismissed the Veteran's appeals regarding service connection for traumatic brain injury, cervical spine injury, thoracic spine injury (claimed as low back injury), headaches, right knee pain, and right hip condition due to their docketing under the AMA system. The claims continue to reside in the legacy system.

The Board has decided to remand the Veteran's claim for right knee disability due to incomplete records and a failure to obtain private urgent care treatment records related to his condition.

The Board has determined that the Veteran's right knee condition is etiologically related to service and grants entitlement to service connection for a right knee condition.

The Board has remanded the claims for service connection for left knee, right knee, and right shoulder disabilities due to pre-decisional duty-to-assist errors.

The Veteran's appeals for higher ratings for his right knee instability, strain, and scar have been dismissed.,The Veteran's appeal for service connection for OSA has been readjudicated due to new evidence received.

The Veteran's asthma is related to exposure to burn pits while serving in Saudi Arabia. The Board granted service connection for this condition, finding it meets the criteria for presumptive service connection under the PACT Act.

The Veteran's bilateral pes planus was noted at entry to service and is considered a pre-existing disability. The presumption of aggravation attaches, and the Board finds that there is not clear and unmistakable evidence that the condition did not worsen during service.,Service connection for right ankle disability, left knee disability, and right knee disability are granted as secondary to the now-service-connected pes planus.

The Veteran has withdrawn his appeals for all issues, including right knee strain with degenerative arthritis, pseudofolliculitis barbae, hypertension, bilateral carpal tunnel syndrome, and an acquired psychiatric disorder. As a result, the Board dismisses these claims.

The Veteran's claims for increased disability evaluations for his service-connected degenerative arthritis of the spine, right knee, and left knee are remanded due to the need for new VA examinations to assess current severity.

Service connection for a right knee disability, tinnitus, and bilateral foot disability is granted.,Service connection for a right hip disability and hemorrhoids is denied.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's right knee disabilities. The claim will be reconsidered with a new opinion from an examiner.

The Veteran's initial compensable evaluation for his left knee scar disability is being remanded due to the need for a VA examination to assess its current severity.

The Board has withdrawn the appeals for Right Knee and Right Ankle disabilities due to withdrawal by the Veteran. The Low Back Disability appeal is being remanded for further evaluation.

The Board denied the Veteran's appeals as to his claims for increased ratings and service connection due to untimely notice of disagreement (NOD). The NODs were not filed within one year of the September 2016 rating decision.

The Veteran's claim for a rating in excess of 10 percent for his right knee disability is denied as the medical evidence does not show any more severe symptoms than those already considered.

The Board has remanded the Veteran's claims for right knee and right eye disabilities due to insufficient examination results, lack of updated VA treatment records, and potential need for additional testing. The issues are being returned for further development.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate VA examinations and retrospective opinions. The matter requires further development, including additional VA examinations with retrospective findings.

The Veteran's appeal is denied as his right knee DJD and associated conditions do not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has determined that the Veteran's right and left knee disabilities were not incurred or aggravated during service, as his conditions pre-existed service. The evidence does not establish aggravation of these conditions in service. As such, the claims are being remanded for further development.