Knee decisions — 2024

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection and ratings for various conditions, including sleep apnea, valvular heart disease, left knee quadriceps tendonitis, hiatal hernia with GERD, right upper extremity acquired psychogenic pain disorder, and SMC based on Aid and Attendance/housebound criteria. The AOJ is required to schedule the Veteran for VA examinations and obtain medical opinions regarding these conditions.

The Board has remanded the case for further development, including obtaining additional VA treatment records and scheduling a new VA examination to assess the severity of the Veteran's LEFT knee chondromalacia and DJD, LEFT knee instability, and femoral nerve radiculopathy. The issues include determining appropriate disability ratings and service connection.

The Veteran's appeal for a higher rating for his right knee disability was denied, but the Board has ordered a new VA examination to assess whether he developed a meniscal condition.

The Veteran's service-connected disabilities, including right knee osteoarthritis and tinnitus, made it impossible for him to secure or follow a substantially gainful occupation from August 5, 2011. The Board granted a total disability rating based on individual unemployability (TDIU) during this period.

The Veteran's claim for an increased rating of 60 percent or higher for chronic residuals of prosthetic replacement of the right knee joint is granted as of July 1, 2020. The decision resolves reasonable doubt in favor of the Veteran.

The Board has denied the Veteran's claims for service connection of his left shoulder disability and remanded other knee issues. The case is now back before the Board with new evaluations required.

The Veteran's claims for higher disability ratings for lumbar spine and right knee disabilities are remanded due to inadequate prior examinations. Additional VA examination opinions are needed, including one addressing the impact of flare-ups on range of motion.

The Board denied service connection for a right knee disorder, finding that the Veteran's current right knee disorders did not originate in service and are not otherwise etiologically related to any incident of service or to service-connected disability.

The Board has remanded the Veteran's claims for entitlement to increased ratings for service-connected right and left knee strains due to incomplete medical records and the need for a VA examination.

The Board denied attorney fees based on past-due benefits awarded in an August 2022 rating decision, as the August 2022 rating decision was the initial decision with respect to all granted issues.

The Veteran's TDIU claim is denied as his disability rating was reduced to 90 percent from May 1, 2022. He does not meet the schedular criteria for TDIU based on a single disability rated at 40% or more and sufficient additional disabilities to bring the combined overall rating to 70% or more.

The Veteran's service-connected bilateral pes planus with plantar fasciitis is the primary factor in his inability to secure and follow a substantially gainful occupation. Other conditions, such as left knee strain, right lower extremity peripheral neuropathy, lumbosacral strain, right foot hallux valgus, and left foot hallux valgus, also contribute but do not significantly impact his employability.

The Board has granted the appellant's claims for service connection for right knee degenerative arthritis and osteoarthritis, as well as DDD and degenerative arthritis of the lumbar spine. The decision is based on evidence showing that these conditions are related to a motor vehicle accident sustained during service.

The Board has granted service connection for right knee degenerative arthritis. The claim of service connection for sleep apnea (claimed as breathing issues), to include as secondary to right knee disability, is remanded.

The Veteran's back pain is found to be related to his military service, resolving in favor of granting service connection.,New evidence has been submitted for the left and right knee strains. The Board finds that these conditions are also related to the Veteran's time in service.

The Veteran's service-connected disabilities, including persistent depressive disorder with anxious distress, lumbar spine degenerative arthritis, sciatic radiculopathy of the bilateral lower extremities, chronic left ankle sprain, left knee strain, tinnitus, and left hand eczema with resolved cellulitis, do not preclude him from securing or following a substantially gainful occupation.

The Veteran withdrew his appeals for the effective dates of service connection, TDIU, and DEA benefits for left knee disability.

The Veteran's appeals for increased evaluations of her service-connected left knee disabilities are being remanded due to a pre-decisional duty-to-assist error in the previous VA examination.

The Veteran's claim for service connection for an anxiety condition is denied as her symptoms are already encompassed by her service-connected PTSD with major depressive disorder.,The Veteran's claims for initial disability ratings in excess of 10 percent for patellar chondromalacia, left knee and right knee are remanded due to the need for further evaluation.