Knee decisions — 2024

The Veteran's right knee surgery did not necessitate at least one month of convalescence, and therefore her claim for a temporary total disability rating due to convalescence following the surgery is denied.

The Board has granted the readjudication of previously denied claims for service connection for various disabilities, including an acquired psychiatric disorder and multiple musculoskeletal issues. The cases are now remanded for further examination to determine the etiology of these conditions.

The Board has determined that a remand is necessary to correct an error in the pre-decisional duty to assist, and to obtain an adequate medical opinion regarding the etiology of the Veteran's right knee disability.

The Veteran's attorney was granted eligibility to receive 20 percent of the past-due benefits awarded in a March 2024 rating decision for representing the Veteran on his TDIU and increased bilateral knee disability claims.

The Board has remanded the case due to insufficient evidence to readjudicate the claim for service connection of a left knee disability. The right knee disability is still being considered.

The Board dismissed the appeals for service connection due to a duty-to-assist error identified during higher-level review, specifically regarding post-service treatment records from Camp Pendleton.

The Board has remanded the Veteran's claims for increased ratings for right knee strain with degenerative joint disease, right knee instability, left ankle disability (avulsion fracture with degenerative joint disease), and right ankle disability (avulsion fracture with degenerative joint disease) due to inadequate medical opinions regarding functional limitations.

The Board has determined that the Veteran's claims for service connection for various musculoskeletal disabilities are remanded due to pre-decisional duty to assist errors.

The Veteran's claims for service connection for recurrent cervical spine and lumbar spine disabilities are remanded due to the absence of a VA examination addressing these conditions.,Service connection is denied for right ear hearing loss, recurrent traumatic brain injury residuals, left ear hearing loss, recurrent cervical spine disability, recurrent lumbar spine disability, recurrent right knee disability, recurrent right ankle disability, recurrent left ankle disability, recurrent nasal disability, and recurrent gastrointestinal disability.

The Board has granted service connection for the Veteran's right knee patellofemoral pain syndrome and arthritis, finding that his current conditions are at least as likely as not related to his in-service injury.

The Veteran is granted effective dates of August 19, 2016 for his TDIU rating and disability ratings for left knee sprain (based on limitation of extension), instability, and flexion. He also qualifies for Dependents' Educational Assistance eligibility since that date.

The Board has determined that the AOJ failed to obtain all relevant medical records and conducted inadequate examinations for the Veteran's knee and ankle disabilities. The claims are being remanded to correct these procedural errors.

The Board granted service connection for right and left shoulder, elbow, and knee pain as due to an undiagnosed illness or other qualifying chronic disability pursuant to 38 U.S.C. § 1117, and also granted service connection for a headache (tension) secondary to PTSD.

The Veteran's claims for increased ratings and an earlier effective date were denied. The left shoulder strain was granted service connection with a 20% rating, effective August 16, 2022. The right shoulder rotator cuff tendonitis claim resulted in a denial of any increase beyond the current 20% rating.

The Board has remanded the claims for service connection for right and left knee osteoarthritis due to outstanding treatment records not being obtained.

The Board has remanded the claims of entitlement to an initial rating in excess of 40 percent for left knee severed medial collateral ligament and a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) as there was a pre-decisional duty-to-assist error regarding obtaining Social Security Administration (SSA) records.

The Veteran's right shoulder strain, impingement syndrome and rotator cuff tendonitis are found to be service-connected. The lumbar spine disorder is denied as there is no current diagnosis prior to the filing of the claim. Other conditions such as painful scars, hand disorders, elbow disorders, knee disorders, traumatic brain injury, vertigo, cervical spine disorder, wrist disorders, arm disorders, hip disorders, shin disorders, ankle disorders, and foot disorders are also denied.

The Board has decided to remand the case due to a duty-to-assist error in the service connection for right knee disorder and scar. The appellant's claims are related to his military service, but there is insufficient evidence to determine if any pre-existing conditions existed or worsened during his periods of active duty training (ACDUTRA).

The Board has remanded several service connection claims for further development, including those for pes planus, left wrist cyst disability, gastrointestinal disability (separate from chronic constipation), cardiovascular disability, hypertension, obstructive sleep apnea (OSA), fatigue disability, headache disability, left knee disability, back disability, right shoulder disability, left shoulder disability, and right wrist disability. The gastrointestinal claim was expanded to include any gastrointestinal disability separate from the already service-connected chronic constipation.

The Veteran has withdrawn his appeals for bilateral hearing loss, hypertension, and right knee strain (claimed as arthritis). The Board dismisses these issues.