Knee decisions — 2024

The Board has remanded several claims related to the Veteran's left knee disability, including rating increases and TDIU. The issues include seeking higher ratings for left knee limitation of motion and instability, as well as entitlement to a TDIU prior to July 27, 2017.

The Board has determined that the Veteran's claims for service connection have been improperly adjudicated due to a failure to obtain all relevant medical records and Social Security disability records. The case is being remanded to correct this error.

The Veteran's claims for effective dates prior to February 19, 2021 were denied. The Board found that the evidence did not demonstrate a factually ascertainable increase in disability within one year prior to the date of claim.,The Veteran was granted service connection and increased ratings for TBI, bilateral hearing loss, tinnitus, scar on the right side of the head, and residuals headaches as of February 19, 2021. The Board denied claims for earlier effective dates.

The Veteran's service-connected disabilities, rated as 100 percent disabling, did not cause an impairment in her ability to obtain, maintain, or retain suitable employment. The Board denied VR&E services due to the Veteran's current employability and lack of demonstrated employment handicap.

The Board has decided to remand the claims for service connection for back and left knee disabilities due to inadequate examination reports. A new examination is required to determine if these conditions are related to service.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been denied as there is no evidence of current disabilities at levels qualifying for VA compensation purposes.,Service connection for PTSD has not been established due to the lack of a diagnosis and insufficient medical examination, leading to remand. The Veteran's lower back strain and right knee strain are also being remanded for further evaluation.

The Board has determined that the Veteran's cervical spine condition is not related to service or a service-connected disability, and thus denied her claim for service connection. The gastrointestinal, upper respiratory, knee, hip, and foot disabilities are remanded due to inadequate examination and opinion.

The Veteran's claims for increased ratings for right knee degenerative joint disease (DJD) and DJD with instability and excision of menisci are being remanded due to the failure to provide a VA examination during the appeal period.

The Board has decided to remand the Veteran's claims for service connection for back, bilateral foot, left knee, and right knee disabilities due to a lack of VA examinations.

The Board denied the Veteran's claims for earlier effective dates for service connection for left and right knee disabilities, finding that he did not file a claim or intent to file a claim prior to May 10, 2022.

Service connection for right knee degenerative joint disease, left knee degenerative joint disease, and left shoulder acromioclavicular joint osteoarthritis has been granted.

The Board has remanded the claims for a VA examination to determine the nature and etiology of the Veteran's left and right knee replacements, as well as any diagnosed right shoulder disability. The other issues remain denied due to lack of service connection.

The Board dismissed the service connection claims for depression, anxiety, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, kidney condition, osteoarthritis, and right knee condition due to the Veteran's withdrawal of these issues during his hearing. The claim for hypertension was granted with a PACT Act presumption.

The Veteran's claims for service connection for a fungal condition, right knee cyst/benign growth, left knee soft tissue sarcoma, and bilateral knee strains are being remanded due to the need to obtain additional medical records and address procedural errors.,Service connection will be considered based on direct evidence of a current disability and a link between that disability and an in-service injury or event.

The Veteran's TDIU claim was denied because the combined effect of his service-connected disabilities, not a single disability, prevented him from securing and following substantially gainful employment.

The Veteran's tinnitus is denied as there is no evidence of in-service noise exposure or continuity of symptoms from service.,Service connection for osteoarthritis, right knee, is denied due to lack of in-service injury and insufficient medical evidence linking the condition to service.,The appeal for service connection for osteoarthritis, left knee, was withdrawn by the Veteran.

The Veteran's unspecified depressive disorder is rated at 100% prior to June 23, 2021. SMC based on housebound status is granted due to the combination of his 100% service-connected unspecified depressive disorder and other disabilities rated at least 60%. TDIU is dismissed as moot with the grant of a 100% disability rating for unspecified depressive disorder.

The Veteran is granted a TDIU for the period beginning on September 1, 2020. The claim for a TDIU prior to September 1, 2020 was dismissed as moot.

The Board has determined that the Veteran's claim for VR&E services, including independent living assistance, was not properly considered due to a pre-decisional duty to assist error. The case is being remanded to provide the necessary assessments and determine eligibility for such services.

The Veteran's claims for service connection are being remanded due to incomplete STRs and the need for additional examinations. The issues of gout, bilateral knee disorder, bilateral ankle disorder, OSA, multiple painful joints, upper and lower back disorders, and bilateral hearing loss are all being addressed.