Knee decisions — 2024

The Board has remanded the claims for service connection for OSA, turf toe (left and right feet), left lower extremity radiculopathy as secondary to lumbar spine disorder, right lower extremity radiculopathy as secondary to lumbar spine disorder, and right knee disorder due to inadequate examination reports. The Veteran's current disabilities are not established by the evidence of record.

The Board has decided to remand the case due to insufficient records and failure to meet statutory notice requirements. The Veteran's claim for payment or reimbursement of medical services provided by SHMA on December 25, 2020 is being reviewed.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which in turn led to his obstructive sleep apnea. The claim will be reconsidered with a new medical opinion.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the evidence did not support a higher rating for his lower back disability, right and left lower extremity radiculopathy, or residuals of a right knee injury with chondromalacia and degenerative changes.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need for additional medical opinions.

The Veteran's service-connected disabilities, including traumatic brain injury and PTSD, have resulted in the need for regular aid and attendance of another person. The Board finds it at least as likely as not that the Veteran is in need of such assistance due to his service-connected conditions.

The Board has granted the Veteran's claims for service connection for a right knee disability and TDIU due to service-connected disabilities, finding that his conditions are related to his military service and prevent him from obtaining and maintaining employment.

The Veteran's initial disability rating for degenerative disc disease of the thoracolumbar spine is granted at 40 percent. Increased ratings are granted for patellofemoral tenosynovitis, right knee and left knee.

The Veteran's right knee instability is granted with a separate 10% rating prior to February 11, 2009.,A 10% rating for loss of motion in the right knee was denied prior to February 11, 2009.,A 30% rating for residuals of partial right knee replacement is denied beginning on February 11, 2010.,A 10% rating for instability in the right knee is granted starting from August 28, 2018.,TDIU based upon service-connected disabilities was granted effective January 24, 2022.

The Board remands the claim for service connection for a left knee disability to ensure that VA complies with its duty to assist by obtaining outstanding treatment records and complete service treatment records.

The Board granted a 20 percent rating for right knee osteoarthritis and a separate 20 percent rating for right knee instability from July 7, 2017 to December 5, 2019, but denied ratings in excess of the assigned levels.

The Veteran's claims for service connection for right hip degenerative joint disease/degenerative arthritis, left hip degenerative joint disease/degenerative arthritis, left knee mild degenerative joint disease, and skin rash on the right lower extremity have been denied as not new and material.

The Board has remanded the claims for increased ratings and TDIU due to inadequate medical examinations. Another examination is needed to assess the severity of the Veteran's left knee, lumbar spine, and associated radiculopathy.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant records and conducting necessary examinations. The Veteran is required to provide additional medical evidence, including SSA disability benefits records, and undergo VA examinations for his claimed conditions.

The Veteran's claims for service connection for bilateral knee and hip arthritis, as well as neck arthritis, are being remanded due to duty-to-assist errors. The AOJ is required to verify the Veteran's periods of active duty for training or inactive duty for training in both the Indiana National Guard and Army Reserves, obtain VA examinations for degenerative arthritis and neck conditions, and provide a medical opinion regarding the onset and relationship of these conditions to service.

The Board has granted the Veteran's claims for service connection for left and right knee patellofemoral pain syndrome, finding that his current disabilities are related to his military service.

The Veteran's claims for service connection for a neck condition, right knee condition, and left hip condition were dismissed because the appeals were untimely filed.,The Veteran did not timely file a notice of disagreement or VA Form 10182, and good cause was not shown to extend the time limit.

The Veteran's claims for increased ratings of his lumbar spine, right knee, and left knee disabilities are being remanded due to the failure to appear at scheduled VA examinations. The RO is instructed to obtain a medical opinion assessing the severity of these conditions based on the evidence available.

The Veteran's stress fracture right tibia is granted a 10 percent rating, but no higher. The Veteran's hallux rigidus of the right foot and left knee patellar tendinitis are each rated at 10 percent. The Veteran's right knee patellar tendinitis is also rated at 10 percent. Tinea versicolor with tinea cruris, tinea pedis and onychomycosis does not warrant a higher rating. Tinnitus has been assigned the maximum schedular rating throughout the appeal period. Allergic rhinitis is rated as noncompensable.

The Board denied the Veteran's claims for service connection for left knee condition and herniated discs, finding insufficient evidence to support these claims.