Knee decisions — 2024

The Board has granted eligibility for the direct payment of attorney fees to the appellant from past due benefits awarded in a May 2022 rating decision granting increased ratings for PTSD and a right knee disability, as well as entitlement to a TDIU.

The Board is remanding all issues for correction of a pre-decisional duty to assist error.,Specifically, the Veteran's service connection claims for tinnitus, left knee disability, right knee disability, right great toe disability, right ear hearing loss, and left ear hearing loss are being remanded due to the AOJ not having scheduled examinations or obtaining medical opinions prior to denying these claims.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for left knee strain and left ankle sprain, including as secondary to his right knee disabilities. The case is being remanded for further examination and opinions.

The Board has determined that the Veteran's right knee meniscal tear is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities prior to May 18, 2017 due to a lack of compliance with previous remand instructions.

The Board has remanded the Veteran's claims for service connection due to insufficient examination opinions and incomplete medical records. The Veteran is seeking service connection for his right knee, left knee, and lower back disabilities, which he contends are related to in-service injuries.

The Board denied service connection for right knee disability, left knee disability, low back disability, RLE radiculopathy, and LLE radiculopathy as the evidence did not establish a link between these conditions and service.

The Veteran's service-connected knee disabilities have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Board dismissed the appeal due to the Veteran's death, and vacated the remand decision.

The Board has remanded the Veteran's claims for service connection for cataracts, left knee disability, right knee disability, and low back disability due to inadequate rationale in previous VA opinions. Additional development is needed including obtaining STRs and other medical records.

The Board has remanded the Veteran's claims for edema, left knee osteoarthritis, and right knee osteoarthritis due to inadequate VA examinations conducted in March 2024. The AOJ is required to obtain copies of non-VA medical records from VistA Imaging system and provide an addendum medical opinion addressing the etiology of the Veteran's conditions.

The Board has remanded the Veteran's claims for service connection for left and right hip, left knee, and left foot disorders due to inadequate medical opinions under a theory of secondary service connection.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from December 24, 2016. Prior to that date, he was working and did not meet the criteria for TDIU as he was not unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities.

The Board has granted service connection for Obstructive Sleep Apnea and remanded the issue of service connection for a Right Knee condition as secondary to the service-connected lumbar spine condition.

The Veteran's left knee instability is currently rated at 10 percent, which does not meet the criteria for a higher rating from January 26, 2022.

The Veteran's left and right foot plantar callosities have been granted initial 20 percent ratings, while the higher rating claims for both feet are denied.,Service connection has been established for bilateral knee conditions.

The Board has remanded the Veteran's appeal for a higher initial rating for his service-connected right knee disability and entitlement to TDIU due to additional development being necessary. This includes obtaining an opinion regarding the presence of dislocated semilunar cartilage, shin splints, and instability in the context of the applicable rating periods.

The Board has remanded the Veteran's claims for bilateral knee disabilities and service-connected allergic rhinitis due to insufficient compliance with prior remand directives. The Veteran is seeking service connection for his claimed knee disabilities, which he alleges began during active duty and were caused by wear and tear over a 20-year period. He also contends that his allergic rhinitis worsened since previous examinations.

The Veteran's service-connected disabilities require the need for regular aid and attendance, but do not meet the criteria for SMC based on housebound status.

The Veteran's OSA is granted as secondary to his service-connected PTSD. The left knee scar and ankle disability are denied, with no compensable rating assigned.