Knee decisions — 2024

The Veteran's left knee disability is rated at 30 percent, effective from February 5, 2021 to June 5, 2021. Service connection for obstructive sleep apnea secondary to the service-connected left knee disability has been granted.

The Board has decided to remand the case due to new and relevant evidence received, specifically regarding periods of active duty service. The AOJ is instructed to verify all ACDUTRA and INACDUTRA periods during the Veteran's Army Reserve service from September 12, 1992 to November 22, 1994, and obtain a medical opinion on whether the right knee disability was incurred or aggravated by these periods of service.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions prevent him from securing or following substantially gainful employment.

The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) due to the Veteran's service-connected PTSD, right knee disabilities, and left ankle disabilities.

The Veteran's right knee disability required an additional period of convalescence until March 1, 2022 following his April 2021 total right knee replacement.

The Board grants the Veteran's claims of entitlement to service connection for his lumbar spine, left knee, and obstructive sleep apnea disabilities as secondary to his service-connected right knee disability.

The Veteran's appeal for service connection for amputation above the left and right knees secondary to service-connected Diabetes Mellitus, Type II has been dismissed due to the Veteran's death.

The Board has denied the Veteran's claims for higher ratings for his left knee meniscal tear, instability, and degenerative arthritis. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claims for depression, left knee, and right knee conditions are being remanded due to a duty to assist error. Clarification is needed on whether all attempts were made to obtain the Veteran's complete service treatment records, and an attempt must be made to obtain his prison medical records.

The Board denied the veteran's claims for earlier effective dates for service connection and initial ratings for various disabilities, as well as DEA benefits.

The Board denied service connection for left and right knee disabilities, as well as left and right elbow disabilities, due to a lack of evidence linking these conditions to the Veteran's military service.

The Board denied an initial rating in excess of 10 percent for left lower extremity peripheral neuropathy and a compensable rating for the scar below the left knee.

The Board has granted the Veteran's claim for service connection for left knee chondromalacia patella and remanded the claim for service connection for depressive disorder.

The Veteran's claim for an earlier effective date for a 10% disability rating for limitation of flexion in the right knee was denied. The Board found that it was not factually ascertainable that an increase in severity had occurred within one year prior to March 26, 2020.

The Board has granted an earlier effective date of July 27, 2020 for the grant of service connection for right knee dislocated semilunar cartilage. The Veteran's representative submitted a valid power of attorney and a VA Form 21-0966, Intent to File, which was received by VA on July 27, 2020. This decision is binding only with respect to the instant matter decided.

The Board has denied the Veteran's claims for service connection for lumbosacral strain, left knee arthritis degenerative, and right knee arthritis degenerative. The evidence does not support a finding that these conditions first began in service or are otherwise related to service.

The Board has remanded the Veteran's claims for a VA examination to determine if his bilateral knee conditions are related to his military service, including jumps from airplanes and helicopters. The examiner will also consider whether his subjective reports of knee symptoms result in functional impairment that affects his earning capacity.

The Board has granted service connection for degenerative arthritis with intervertebral disc syndrome and spondylosis, left knee instability with mild joint effusion and patellofemoral pain syndrome, and right knee instability with mild joint effusion and patellofemoral pain syndrome. The decision is based on the Veteran's in-service complaints of lower back pain and bilateral knee pain.

The Board granted the reinstatement of a 30% rating for right knee limitation of extension, denied an increased rating in excess of 30%, and granted separate ratings for right knee meniscal tear and instability within certain periods.

The Veteran's claim for service connection for tinnitus has been granted. The increased rating claims for residual surgical scar, right shoulder arthroscopy; left knee mild iliotibial band syndrome; and right shoulder impingement syndrome with acromioclavicular joint osteoarthritis have been remanded.