Knee decisions — 2024

The Veteran's service-connected disabilities render him unable to secure or follow substantial gainful employment, consistent with his training and experience as an over-the-road truck driver.

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

The Veteran's rhinitis is not rated higher than the current 10 percent rating.,A 40 percent rating for left sciatic nerve disability is granted. The Veteran's right ankle and right knee conditions are remanded to determine if they are secondary to service-connected disabilities, and a sleep apnea claim is also remanded.,The Veteran's right ankle condition may be related to his service-connected left ankle condition, but further examination is needed to confirm this. His right knee condition is also remanded for similar reasons.,His right knee condition may be related to his service-connected left knee condition, and a sleep apnea claim is also remanded.,The Veteran's sleep apnea may be related to his service-connected rhinitis, but further examination is needed to confirm this.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of April 1, 1999. Effective dates for TDIU and DEA benefits are granted.

The Veteran's appeal involves multiple issues related to his right knee disability, including instability and limitation of flexion. The Board has remanded these issues for further development.

The Board has remanded the case due to a lack of discussion regarding whether the Veteran's left knee disability is related to his service in Southwest Asia, as per the Joint Motion for Partial Remand (JMR). The examiner must provide an opinion on the etiology and pathophysiology of the Veteran's left knee disability, considering his service in Saudi Arabia from April 2001 to May 2001.

The Board has remanded the claims for increased ratings for left and right knee disabilities, as well as the TDIU claim prior to December 28, 2011. The RO is instructed to obtain a retrospective opinion addressing the Veteran's bilateral knee functional loss to flare-ups.

The Veteran's tinnitus was granted service connection as it is presumed to have been incurred during his military service due to exposure to hazardous noise and acoustic trauma.,The issue of service connection for hearing loss remains pending, requiring the AOJ to obtain relevant medical records and provide an addendum opinion.

The Veteran's claims for service connection for bilateral knee and ankle disabilities were denied in a December 2006 rating decision. The Veteran filed new claims on July 14, 2011, which were denied again in November 2015. The Board found the December 2017 VA Form 9 was timely received, granting service connection for bilateral knee and ankle disabilities effective March 19, 2018. The Veteran's claims are now remanded due to a lack of adequate examination regarding his bilateral knee flare-ups.

The Board has replaced the current 10 percent rating for service-connected left knee patellofemoral pain syndrome with shin splints (left knee disability) under Diagnostic Code 5261, with a 10 percent rating. A higher rating is denied.

The Board denied the Veteran's appeal for increased ratings for left knee meniscal tear and degenerative arthritis, as well as right external popliteal neuropathy.

The appeal was dismissed for issues related to duty-to-assist errors and differences of opinion, while service connection for left foot disorder and right foot disorder was denied. The claims for migraines, bilateral knee disorders, PTSD, and TDIU were remanded.

The veteran has withdrawn the appeal for service connection for anxiety, depression, left shoulder, right ankle, and right knee.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus has been denied as the evidence does not support a higher evaluation.,Service connection for bilateral hearing loss is denied because there is no current diagnosis or evidence that the Veteran had a hearing loss disability at any time during the pendency of the appeal.

The Board has denied increased disability ratings for the Veteran's right and left knee degenerative joint diseases, finding that her symptoms do not warrant higher ratings based on limitation of motion. The issue of service connection for bilateral pes planus is remanded.

The Board has decided to remand the Veteran's claims for service connection of left and right knee conditions due to a duty to assist error, requiring a VA opinion on whether these conditions are secondary to his service-connected degenerative arthritis with intervertebral disc degeneration and strain, lumbar spine.

The Board has remanded several claims due to duty-to-assist errors, including the need to obtain SSA records related to the Veteran's disability benefits application and earnings history.

The Board denied an increased rating for the Veteran's service-connected left knee patellofemoral syndrome, finding that the evidence did not support a higher than 10 percent disability rating.

The Board has denied the Veteran's claims for service connection for a left knee disability and PTSD. The Veteran is also granted a TDIU based on his service-connected disabilities.

The appeal regarding the reduction of the Veteran's right knee recurrent subluxation rating from 20 percent to 10 percent and discontinuance of DEA benefits is dismissed.