Knee decisions — 2023

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as there was no evidence showing she was unable to secure or maintain substantially gainful employment due to her service-connected disabilities.

The Veteran's service connection claims for various conditions, including colon polyp, bilateral knee pain, loss of memory, erectile dysfunction, partial loss of eyesight, diabetes mellitus, hypertension, and ischemic heart disease were denied.,Service connection was not granted on a presumptive basis due to lack of evidence linking the conditions to exposure to herbicide agents.

The Board has denied the Veteran's claims for service connection for antisocial personality disorder, bilateral hearing loss, tinnitus, left knee osteoarthritis, and right knee arthritis due to a finding that these conditions are not diseases or injuries subject to service connection.

The Board has granted service connection for the Veteran's right knee meniscus disability, finding that it is related to an injury during a period of inactive duty for training (INACDUTRA) in his Florida Army National Guard service. The decision also acknowledges the Veteran's lay statements and medical opinion supporting this claim.

The Veteran's appeal is remanded for further development, including obtaining VA examinations and medical opinions to assess the current severity of his service-connected knee disabilities and to determine if they are related to active duty service. The Veteran also needs to be examined for his claimed left index finger and right foot disabilities.

The Veteran's right and left knee disabilities, as well as his right knee scar and left knee instability, are being remanded for further evaluation. The issues of increased ratings for bilateral hearing loss, tinnitus, and service connection for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) are also being remanded.

The Veteran's appeal for service connection for a joint pain disability and an increased rating for lumbar spondylosis and lumbar muscle spasm has been dismissed.,The Veteran's appeal for an increased rating for GERD has been denied.

The Veteran's left knee instability is granted an effective date of January 17, 2019. The Board denied higher ratings for his right and left knee disabilities as well as his left knee scars.

The Veteran's knee disabilities have been rated based on instability and limited extension. The appeal for ratings in excess of the assigned ratings has been denied.

The Veteran's service-connected allergic rhinitis, sleep apnea, left knee patellofemoral pain syndrome, and IBS are being remanded for further evaluation.,Specifically, the Board is requesting additional medical evidence to determine if higher ratings are warranted for these conditions.

The Veteran's right hip strain appeal is dismissed.,Service connection granted for bilateral shoulder strain, lumbar spine arthritis and disc disease, cervical disc disease, and bilateral knee strain. Service connection was not established for gastroenteritis and diarrhea due to lack of evidence.,Gastroenteritis and diarrhea were found insufficient to establish a chronic condition during service or continuity of symptoms since service.

The Veteran's left total knee arthroplasty residuals have been productive of no worse than an intermediate degrees of weakness, pain, and limitation of motion. The Board denied a rating in excess of 30 percent as the evidence did not meet the criteria for such.

The Board has remanded the Veteran's claims for service connection for left eye pterygium and left knee condition due to insufficient evidence regarding their etiology. The Veteran will need VA examinations to determine if these conditions are related to his service.

The Veteran's appeal for a higher disability rating for his left knee condition has been dismissed as he requested to withdraw the appeal during the hearing.

The Veteran's service connection claims for allergic rhinitis, right knee disability, and left knee disability are granted effective February 19, 2016.

The Veteran's appeals for increased ratings were denied. The Board found the severity, frequency, and duration of his PTSD symptoms did not meet the criteria for a 100 percent rating. For IBS, he was already receiving the highest schedular rating available under DC 7319. RLE radiculopathy and LLE radiculopathy were rated at 20% each, with no evidence of more than moderate incomplete paralysis.

The Veteran was granted a TDIU due to his service-connected disabilities preventing him from obtaining and maintaining substantial gainful employment.,The Veteran's bilateral hearing loss rating was restored to 20 percent effective October 22, 2019.

The Board has remanded the Veteran's claims for service connection for left and right knee conditions due to a lack of sufficient evidence in the record, including an insufficient nexus opinion. The Veteran requested another VA examination.

The Board has found new and relevant evidence to be received for the claims of service connection for degenerative disc disease, right knee disability, and left knee disability. As a result, these claims are granted.

The Board has found new and relevant evidence to be received for the claims of service connection for degenerative disc disease, right knee disability, and left knee disability. As a result, these claims are granted.