Knee decisions — 2024

The Veteran's service-connected disabilities, including right and left knee conditions, necessitate regular aid and attendance due to her inability to dress, groom, or tend to her daily needs. The Board has granted special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's claim for service connection for tinnitus has been denied. The claims for service connection for right knee condition, left knee condition, and gastroesophageal reflux disease (GERD) have been remanded due to the need for additional medical opinions.

The Veteran's bilateral knees developed significant damage and loss of function due to sepsis and osteomyelitis caused by a urinary tract infection that spread from his TURP procedure. The Board found fault with the VA care provided, leading to an award of compensation under 38 U.S.C. § 1151.

The Veteran's service-connected right and left knee instability disabilities have been granted effective from September 9, 2014. His psychiatric disability has also been granted an initial rating of 70 percent for the entire period on appeal.

The Veteran's appeal for a higher rating for left knee strain is denied as his symptoms do not more nearly approximate unfavorable ankylosis in flexion between 10 and 20 degrees or worse.,The Veteran's appeal for a compensable rating for the left fifth finger scar is denied as the evidence does not show that the disability warrants such a rating.

The Board has remanded the Veteran's claims for obstructive sleep apnea, lumbar-spine degenerative disc disease and history of lumbar fusion, right-lower-extremity neuropathy, left-lower-extremity neuropathy, right-knee meniscal tear (claimed as bilateral knee condition), left-knee meniscal tear and degenerative arthritis, and bilateral foot pain with gait abnormality for further examination to determine if these conditions are secondary to his service-connected skin pathology of bilateral feet.

The Board has remanded the claims for increased ratings and TDIU due to a duty to assist error, requiring further examination of the Veteran's knee disabilities.

The Board has remanded the claims for right knee medial meniscectomy with traumatic arthritis and TDIU due to inadequate medical opinions regarding the severity of the Veteran's service-connected right knee disability. The VA must obtain an addendum opinion assessing the retrospective severity of the Veteran's condition, including quantifying the loss of range of motion associated with flare-ups.

The Veteran's TDIU claim is granted with an effective date of November 22, 2011. The Board found that the Veteran has held only marginal and protected employment since this date due to her service-connected disabilities.

The Veteran's claims for earlier effective dates of service connection for thoracolumbar strain, degenerative arthritis of the right knee, and right knee scars have been denied.,There is no evidence in the record that supports an earlier effective date for any of these conditions.

The Board denied the Veteran's claims for increased ratings for bilateral hearing loss, left knee arthritis, and initial ratings for left hip limitation of flexion and extension, as well as left ankle arthritis. The decision found that the Veteran's service-connected conditions did not meet or more nearly approximate the criteria for higher disability ratings at any point during the appeal period.

The Board has determined that the Veteran's current bilateral knee and shoulder conditions are not related to his active service, and thus denied his claims for service connection.

The Board has decided to remand the Veteran's claim for left knee varicose veins due to a lack of an adequate medical opinion, and thus requires further examination.

The Veteran is denied a rating in excess of 20 percent for his service-connected left knee post surgical repair prior to October 22, 2019.

The Veteran's appeal for service connection for right wrist arthritis with post traumatic deformities and right knee degenerative arthritis was granted, with a rating of 10 percent effective April 8, 2013. The issue of the reasonableness of attorney fees based on past-due benefits awarded in the July 2022 rating decision is remanded to the Office of General Counsel.

The Board has granted the Veteran's claims for service connection for left knee strain, left hip strain, and right hip strain secondary to his service-connected right bunion.

The Veteran's claim for increased ratings for his right knee scars, instability, and limitation of flexion was denied. The Board found that the evidence did not support a compensable rating for the scars or a rating in excess of 10 percent for the limitation of flexion. A rating of 20 percent was granted for right knee instability.

The Veteran's bilateral hearing loss is rated as noncompensable. The Board has remanded the cases for further examination and medical opinions regarding service connection for left knee degenerative arthritis and cervical spine strain.

The Veteran's claims for effective dates prior to May 17, 2021, for service connection of tension and post-traumatic headaches, right knee patellofemoral pain syndrome, and tinnitus were denied.,The Board found that the intent to file was submitted to VA greater than a year after the initial claim, which is not allowed under the regulations.

The Board denied service connection for left and right knee strains as there was no evidence of in-service injury or disease, and the Veteran's current diagnoses were not shown to be related to his military service.