Knee decisions — 2024

The Board has decided to remand the case due to inadequate medical opinions regarding the cause of death and DIC claim. The AOJ is required to obtain new VA medical opinions addressing whether service-connected conditions contributed to the Veteran's death, as well as any negligence in reducing his pain medication.

The Veteran's service-connected PTSD is rated at 70 percent effective February 13, 2017. The Board also granted a TDIU based on the Veteran's service-connected PTSD.

The Board has denied the Veteran's claims for service connection for various conditions, including left knee condition, GERD, left hip condition, migraines, left lower extremity neuropathy, and squamous cell carcinoma on the skull, upper lip, and left great toe, as these conditions are not found to be related to his conceded in-service exposure to jet engine exhaust, fuels, oils, and solvents.

The appeal of the proposed reduction of evaluation for insomnia disorder from 50% to 30% is dismissed. The claim for an increased rating for right knee strain is denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds it does not meet the criteria for a higher rating.,The Veteran's right knee arthritis is currently rated at 10 percent. The Board notes that there are no compensable limitations of motion or instability present to warrant a higher rating.

The Veteran's claim for an initial compensable rating for erectile dysfunction has been denied.,The Veteran's claim for a higher rate of special monthly compensation based on loss of use of creative organ has been denied.,The Veteran's claims for service connection for diabetes, left knee disability, and right knee disability have been remanded due to the need for additional evidence.

The Veteran's claim for a compensable rating for hypertension and a disability rating in excess of 10 percent for left knee strain has been denied. For hypertension, the evidence does not show diastolic pressure predominantly 100 or more or systolic pressure predominantly 160 or more. For left knee strain, the Veteran's flexion is limited to 45 degrees and extension is limited to 10 degrees, which corresponds to a 10 percent rating under Diagnostic Code 5260.

The Board has found that the Veteran's left knee disorder, including a meniscal tear and anterior cruciate ligament tear, is related to service. However, due to conflicting medical opinions, an additional VA etiology opinion is needed.

The Board has decided to remand the issue of service connection for a right knee disability due to an inadequate VA examination and lack of nexus opinion.

The Veteran's service-connected disabilities did not result in the need for aid and attendance or housebound status, as his needs were due to non-service-connected conditions. Therefore, SMC based on aid and attendance or housebound status was denied.

The Board has granted the Veteran's request to readjudicate his claims for service connection for various conditions, including an acquired psychiatric disability and bilateral hearing loss. The remaining issues are remanded.

The Board has remanded the claims for service connection due to duty-to-assist errors and additional development is required. The Veteran's mental health, bilateral knee and hand disabilities, and headaches are being reviewed.

The Veteran's GERD was found to be secondary to his service-connected PTSD and bipolar disorder, and the right knee condition with degenerative joint disease is remanded for further development.

The Veteran's claim for a higher rating for tinnitus is denied as the current rating of 10% already reflects the maximum schedular rating available.,The Veteran's claim for a compensable rating for bilateral hearing loss is denied as her hearing acuity does not meet the criteria for a compensable rating under the applicable rating schedule.,The claims for service connection for right knee, left knee, low back, neck, right-hand, and left-hand disabilities are remanded due to new relevant evidence having been received since their last adjudication.,The claim for service connection for stress incontinence is remanded as new relevant evidence has been received since its last adjudication.,The claim for service connection for an acquired psychiatric disability is remanded as new relevant evidence has been received since its last adjudication.

The Board has remanded the case due to insufficient evidence for service connection and a need for additional medical opinions regarding the relationship between the Veteran's OSA and his service-connected conditions, including PTSD.

The Veteran's claims for increased ratings on his service-connected left elbow, right knee, low back, left ulnar neuropathy, and hypertension disabilities have been denied. The RO also remanded several issues related to service connection.

The Board has remanded the claims for service connection for left and right knee disabilities due to a lack of VA examinations addressing the nature and etiology of these conditions. The Veteran's current diagnoses are conceded, but further examination is needed.

The Board has remanded the Veteran's claims for service connection for tendinitis, left and right knee disorders, and flat feet due to a lack of consideration of certain presumptive provisions and a need for additional medical examination.

The Board found that the overpayment of $2,297.00 was due to sole administrative error on VA's part and not the Veteran's fault. The decision is invalid as a result.

The Board has remanded the case for further development due to issues with the right knee, while the left knee disability remains at a 10 percent rating.