Knee decisions — 2024

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected depressive disorder due to chronic pain syndrome with depressive features, and right knee chondromalacia patella with spurring. The decision is based on multiple medical opinions that support a nexus between the Veteran's service-connected conditions and his current obstructive sleep apnea.

The Board has granted the Veteran's claims for service connection for left and right knee disabilities, finding that new evidence supports a link between these conditions and his military service.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the evidence did not meet the criteria for higher evaluations under the applicable rating criteria.

The Board has determined that the VA examinations and opinions provided were inadequate, particularly regarding the nature and origin of the Veteran's right knee condition. The Board also found that a new medical opinion is necessary to determine if any left knee conditions are related to service or to the Veteran's pre-existing right knee condition.

The Veteran's claims for service connection for a left wrist disability, right hand disability, lumbar spine disability, and residual scar, lumbar spine surgery were dismissed as the Veteran did not timely file a Notice of Disagreement (NOD) or VA Form 10182 within one year from the date of notification letters.,The Veteran's claim for an increased rating for right hand disability was also dismissed because she failed to timely file a VA Form 10182 after the September 2019 decision. ,The Veteran's claims for service connection for left knee disability and right knee disability were dismissed as well, due to her failure to timely file a Notice of Disagreement (NOD) or VA Form 10182 within one year from the date of notification letters.,The Veteran's claim for service connection for asthma was granted in an April 2024 rating decision and is considered fully granted, thus the appeal is dismissed.

The Board has determined that the evidence is at least in balance as to whether the Veteran's obstructive sleep apnea (OSA) is due to his service-connected knee disabilities. As such, the benefit of doubt has been given to the Veteran and service connection for OSA secondary to his knee disabilities has been granted.

The Board denied service connection for left ankle and left knee disabilities, finding that there was no evidence of a current disability related to service or service-connected sleep apnea.

The Veteran's claims for service connection are being remanded due to the need for further evaluation and consideration of evidence.,The Veteran is not entitled to a compensable disability rating for his left ear hearing loss.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, tinnitus, left knee disorder, and right knee disorder are not supported by evidence of a current disability. The appeals have been remanded to obtain additional medical opinions regarding these issues.

The Veteran's left knee patellofemoral syndrome and instability are rated at 30 percent effective February 25, 2022. The rating for left knee instability is denied. A TDIU determination is granted.

The Veteran's service-connected disabilities, including right and left knee conditions, necessitate regular aid and attendance. The Board has granted special monthly compensation (SMC) based on the need for aid and attendance.

The Board has remanded the Veteran's claims for service connection for left and right knee arthritis due to a duty to assist error. The Veteran is seeking service connection based on in-service heavy lifting and an injury while on active duty.

The Board has remanded several issues related to the Veteran's claims, including bilateral hearing loss, left knee disability, headaches, left hip disability, acquired psychiatric disorder, erectile dysfunction, and dental decay. The remand requires additional examinations and evaluations for these conditions.

The Veteran's claims for service connection of right and left hip conditions were remanded due to a duty to assist error. The Board found that the Veteran should be afforded appropriate examinations with respect to his service connection claims for right and left hip conditions.

The Board has remanded the Veteran's claims for service connection for bilateral hand, knee, and left shoulder disabilities due to a pre-decisional duty to assist error in failing to obtain an adequate nexus opinion as to whether these conditions are related to or aggravated by his service-connected right shoulder disability.

The Board has remanded the Veteran's claims for service connection for left knee, left hip, and right hip disabilities due to inadequate medical opinions in a previous VA examination.

The appeal for an initial evaluation in excess of 30 percent from February 25, 2013, and in excess of 70 percent from May 19, 2017, for PTSD with insomnia disorder, major depressive disorder, and dyssomnia not otherwise specified was denied. The appeal for an initial compensable evaluation for eczematous dermatitis with seborrheic dermatitis, atopic dermatitis, eczema, and folliculitis for the time period prior to July 12, 2023, and for an increased evaluation of left knee ACL rupture status post repair was remanded.

The Board granted separate 30 percent ratings for left knee instability and chondromalacia, DJD of both the right and left knees.

The Board remands the issues of service connection for bilateral knee, elbow, and ankle disabilities, as well as a bilateral hearing loss disability, due to inadequate medical evidence.

The Veteran's appeal is remanded due to the need for additional medical examinations and records.