Knee decisions — 2023

The Veteran requested to withdraw their appeal for a right knee disability, and the Board has dismissed it.

The Board has restored service connection for degenerative arthritis of the spine and bilateral knees, finding that the severance decision was improper due to a clear and unmistakable error in the November 2019 rating decision.

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 remanded the Veteran's claims for service connection for bilateral hearing loss and bilateral knee disorders due to a duty-to-assist error. The Veteran is scheduled for VA examinations to determine the nature and etiology of his claimed conditions.

The Board has remanded the Veteran's claims for service connection for respiratory, back, left knee, and right knee conditions due to inadequate VA examination opinions.

The Board has remanded the claims for service connection due to pre-decisional duty to assist errors, including obtaining updated examinations and records. The Veteran's claim for an acquired psychiatric disorder was denied as he does not have a current diagnosis of any such condition. The other issues on appeal are being remanded for further examination.

The Veteran's claims for increased ratings have been granted, with specific ratings assigned for various conditions.,Service connection has also been established for certain conditions.

The Veteran's claims for service connection for bilateral hearing loss, left knee disability, right knee disability, and recurrent sinus disease have been denied. The Board has remanded the claims of PTSD, PFB, and a heart disorder.,For the initial evaluation in excess of 10 percent for service-connected left knee disability, the Veteran's claim is also remanded as there is no current evidence of a hearing loss disability for VA purposes.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and need for additional examinations. The issues include low back, left wrist, left knee, right hip, and left hip conditions.

The appeal for an initial rating in excess of 10 percent for tinnitus is dismissed.,The petition to reopen the previously denied claim for right ear hearing loss is denied.,The effective date prior to November 18, 2015, for service connection for left knee strain with patellofemoral arthritis and chondromalacia patella is denied.,Service connection for degenerative disc disease of the lumbar spine and thoracic cord injury at T11 to T12 with radiculopathy is granted.,Service connection for degenerative joint disease of the left ankle is granted.,Service connection for degenerative joint disease of the right ankle is granted.

The Veteran's appeals for increased ratings for his right knee disability have been dismissed as he has withdrawn the appeal.

The Veteran's right knee scars were granted a 20 percent rating from November 12, 2019, to March 10, 2021. The Veteran's right knee degenerative joint disease was denied any increase in ratings.

The Board has remanded the case due to issues with scheduling an examination for the Veteran's right knee disorder. The Veteran is required to cooperate in providing records and attend any scheduled examinations.

The Board has remanded the case due to insufficient reasoning regarding the Veteran's delay in seeking treatment for his right knee symptoms. The Veteran testified that he delayed treatment because it wasn't really bothering him until after service.

The Board has remanded the Veteran's claims for service connection and increased rating of his knee disabilities due to insufficient evidence in the record regarding the onset and continuity of his knee disabilities, as well as the need for a new VA examination to determine the severity of his lumbar spine disability.

The Board has remanded the case due to new evidence submitted by the Veteran, including additional argument and evidence received in August 2023. The appeal will be reviewed again for a possible increase in rating.

The Veteran's claim for service connection for bilateral hearing loss was granted. The claims for service connection for an acquired psychiatric condition, including PTSD and anxiety; a bilateral knee disability, including DJD; and a bilateral foot disability, including pes planus are being remanded for further development.

Service connection is granted for sinusitis.,Service connection is denied for a chest disability, manifested by pain and shortness of breath.,Service connection is denied for a left middle finger condition, manifested by pain, stiffness, and deformity.,Service connection is denied for a genitourinary condition, manifested by recurrent balanitis infections, UTIs or hematuria.,Service connection is denied for a right knee condition, to include as secondary to service-connected lumbar strain.

The Board has denied the Veteran's claims for service connection for bilateral knee and shoulder conditions, finding that there is no evidence to support a nexus between his current conditions and his military service.

The Veteran's GERD symptoms are not productive of considerable impairment of health, and a higher rating is denied.,Prior to August 19, 2016, there was no formal claim for an increased rating for back disability or left shoulder disability. The increase in severity of the disabilities was not factually ascertainable in the one year prior to August 19, 2016.,The Veteran's left shoulder and bilateral knee disabilities have worsened since his last examination in 2016, and current examinations are needed before adjudicating these increased rating claims.,Lumbar spine disability: The matter is remanded for further evaluation.,Left shoulder disability: The matter is denied as the Veteran's claim was not received within one year of a prior decision.,Left knee instability: The matter is remanded for further evaluation.,Left knee degenerative arthritis manifested by limitation of extension: The matter is remanded for further evaluation.,Right knee degenerative arthritis: The matter is remanded for further evaluation.