Knee decisions — 2024

The Veteran is granted a separate 20 percent rating for right knee lateral instability prior to July 7, 2015. However, the initial rating for right knee osteoarthritis prior to that date remains at 10 percent.

The Veteran's claim for a right knee disorder, which is secondary to service-connected left knee retropatellar pain syndrome, has been granted and effective since December 27, 2021. As such, the appeal is dismissed as moot.

The Board has dismissed the appeals for service connection for a back disability, initial increased ratings for left shoulder strain and left knee strain.

The Board has decided that the Veteran's left knee disability should be remanded for further review due to a lack of consideration of certain evidence and an insufficient medical opinion.

The Board dismissed the Veteran's appeals for service connection of rheumatoid arthritis of the left shoulder, right shoulder, left hip, and left knee due to his withdrawal of the appeal.

The Board has remanded the claims of service connection for erectile dysfunction, bilateral knee conditions, and obstructive sleep apnea due to insufficient evidence.

The Veteran's claims for service connection of recurrent lumbosacral spine, right knee, and left knee disabilities are remanded due to the need for additional medical examinations.

The Veteran's PTSD, combined with other service-connected disabilities, rendered him unable to secure or follow a substantially gainful occupation as of January 25, 2018.,An effective date of January 25, 2018 is granted for the award of service connection for PTSD and a TDIU.

The Veteran's service connection claim for an acquired psychological disorder is granted. The claims for a lumbar back condition and a right knee condition are remanded due to inadequate VA examinations.

The Veteran's appeal for the claims of entitlement to service connection for joint osteoarthritis, left knee; hypertension; obstructive sleep apnea; and hypothyroidism, secondary to service-connected squamous cell carcinoma has been withdrawn by the Veteran's attorney.

The Veteran withdrew his appeals for earlier effective dates and service connection, effectively dismissing these issues.

The Board has remanded the Veteran's claims for a compensable evaluation for right knee limitation of extension, a rating in excess of 10 percent for right knee osteoarthritis, and TDIU due to inadequate VA examination findings. The Veteran is also requested to provide additional information regarding his service-connected conditions.

The Veteran's service connection claims for bilateral hearing loss, bilateral flat feet, and insomnia are granted. The Veteran's right knee disability and left knee disability each receive a rating of 10 percent. A higher rating is denied for the Veteran's insomnia since August 11, 2023, and his lumbar spine disability receives an increased rating to 20 percent.

The Veteran is currently assigned a 20 percent rating for right knee dislocated semilunar cartilage with locking and effusion into the joint, effective February 28, 2021. The Board finds that he is entitled to this rating based on Diagnostic Code 5258.,For his right knee tendonitis with degenerative arthritis, the Veteran's claim for a higher rating remains denied as there is no evidence of limitation of motion or instability warranting an increased rating.

The Veteran's claim for an earlier effective date for a 10% disability rating for left knee joint osteoarthritis with chondrocalcinosis was denied. The earliest possible effective date is March 30, 2021.

The Veteran's service-connected disabilities, including unspecified anxiety disorder with unspecified depressive disorder, bilateral knee retropatellar pain syndrome and residuals of left foot fracture with secondary MTPJ, are found to have caused his obesity, which in turn led to his obstructive sleep apnea. Service connection for obstructive sleep apnea is granted.

The Board has determined that there were errors in the decision-making process for the Veteran's claims of service connection for left knee, right knee, and right shoulder conditions. The claims are being remanded to allow for further development and consideration.

The Board has restored the Veteran's 20 percent disability rating for service-connected painful left knee surgical scars, as the reduction was not based on improvement in his ability to function under ordinary conditions of life and work.

The Veteran's claims for earlier effective dates are denied as the appropriate effective dates were determined to be later than the dates of receipt of her claims or the date entitlement arose.

The Veteran's bilateral knee disabilities are being remanded for further evaluation and rating.