Knee decisions — 2024

The Board has determined that a VA examination is necessary to properly adjudicate the claims of service connection for left and right knee disabilities due to the lack of competent evidence on the diagnosis of current disability and its etiology.

The Veteran's initial disability rating for obstructive sleep apnea is granted at a 50 percent level.,A separate disability rating of 50 percent, but not higher, is granted for left knee instability.

The Veteran seeks a higher rating for his service-connected unspecified depressive disorder and an earlier effective date. The Board denied the higher rating, but remanded the issues of an earlier effective date and service connection.,The Veteran also contends that he is entitled to a TDIU due to his service-connected psychiatric disorder, but the evidence shows he has been unemployed since 2011 due in part to a physical disability. The right knee claim is also being remanded.

The Board has determined that the current opinion on whether the Veteran's right knee disorder is secondary to his service-connected left knee disabilities is inadequate and requires further examination.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that there was no evidence of a current disability present during or within one year after service, and no causal relationship to service.

The appeal of the increased rating claim for hypertension is dismissed. An initial 30 percent disability rating for a headache disorder is granted, and an initial disability rating in excess of 20 percent for a right knee meniscus condition is denied. A separate 10 percent disability rating for right knee painful motion is granted.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions in the August 2021 VA examination and opinion. The claims will be reviewed again with a new examination.

The Board has remanded the Veteran's claims for service connection for a hernia condition and residuals of a left leg amputation (also claimed as a left knee condition) due to the need for additional medical opinions and consideration.

The Veteran's left knee disability, characterized by limitation of extension and flexion, as well as instability, is currently rated at 20 percent. The appeal for higher ratings has been denied.

The Board has denied service connection for a right knee condition and a right hand condition, finding that the current disabilities are not related to active military service.

The Board denied a rating in excess of 10 percent for right knee patellofemoral pain syndrome (PFPS) as the evidence did not support a higher rating based on the criteria provided.

The Board denied a disability rating in excess of 50 percent for PTSD prior to February 17, 2023, and remanded the claims for bilateral knee patellofemoral pain syndrome with osteoarthritis, left knee limitation of extension, and bilateral shin splints.

The Veteran withdrew his appeal for service connection and increased rating in excess of 30 percent for various conditions, including tinnitus, left knee condition, left hip condition, right shoulder condition, syncopal episode, and right knee condition.

The Veteran's appeal for service connection on multiple conditions was dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has granted service connection for left and right knee disabilities, but has remanded the claims of service connection for elbow pain in both upper extremities.

The Board has remanded the claims for service connection for left ankle, right ankle, and left knee disabilities due to a duty to assist error in failing to obtain relevant private treatment records and an inadequate VA examiner's opinion. The Veteran is also asked to provide any additional records related to his treatment during periods of active duty.

The Board has denied service connection for athletes' foot due to the lack of a current diagnosis during the appeal period.,The Board has remanded the claims for service connection for neck disability, lower back disability (secondary to left knee disability), and acquired psychiatric disorder (including PTSD and anxiety) as there are pre-decisional duty to assist errors requiring further development.

The Veteran's sleep apnea is granted as secondary to his service-connected musculoskeletal disabilities. The left knee instability rating is restored from 30% to 10%. Increased disability ratings are granted for right knee limitation of flexion and extension, but not for a compensable scar.

The Board has determined that the Veteran does not have a current disability for the claimed hip and knee disabilities, and thus service connection cannot be granted. The claims of entitlement to service connection for ED, left knee disability, low back disability, and right ankle disability are remanded due to inadequate medical opinions.

The Board has granted service connection for left knee and right knee disabilities, finding that the Veteran's current conditions are related to injuries sustained during his military service. Service connection was denied for a right ankle disability.