Knee decisions — 2024

The Veteran's left shoulder tendonitis is related to an in-service injury, and service connection for this condition has been granted.

The Veteran's appeals for increased disability ratings for left and right knee conditions have been dismissed due to the withdrawal of the appeal by her authorized representative.

The Veteran's claims for service connection for various conditions, including chronic fatigue, GERD, a lower-gastrointestinal disorder, thoracolumbar spine disorder (low back), right knee disorder, left knee disorder, and varicose veins of the right and left lower extremities have all been denied. The Board found that there was no evidence to support these claims based on direct service connection.

The Board denied the Veteran's request for an earlier effective date for the grant of total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU). The TDIU claim was part and parcel of his increased evaluation claim for mental health disabilities, which he filed in October 2020. As a result, the effective date remains September 8, 2020.

The Board has remanded the Veteran's claims for increased ratings for his right knee disabilities, including scar, due to a lack of substantial compliance with previous Board directives and pre-decisional duty to assist errors.

The Board denied the Veteran's claims of service connection for low back disability, left toe gout, right toe gout, left knee gout, and right knee gout, finding that there was no evidence linking these conditions to his active military service.

The Board denied compensation under 38 U.S.C. § 1151 for a left knee disorder because the Veteran's current diagnoses of left knee joint osteoarthritis and meniscal tear are not considered an additional disability after participation in the CWT program.

The Veteran's left knee condition and right knee bursitis are granted as secondary to her service-connected right foot hallux valgus.,Her GERD is granted with an initial rating of 30 percent.

The Veteran's residuals of a right knee total knee replacement are currently rated at 40 percent, and the Board has determined that this rating is not higher than what is warranted.

The Board denied service connection for lower back, left knee, and right knee disabilities due to a lack of evidence showing the conditions were incurred or aggravated during active service. The Veteran's service records did not indicate any complaints or treatment related to these issues.

The Veteran's TDIU claim is granted effective March 28, 2016 to October 7, 2019. The appeal for earlier effective dates and increased ratings are denied.

The Board has remanded the claims of service connection for right foot, right knee, left knee, lumbar spine, and cervical spine disabilities due to duty-to-assist errors in obtaining relevant personnel records and providing supplemental opinions.

The Board has remanded the issues of entitlement to service connection for vertigo, left foot condition, left ankle condition, right ankle condition, left knee condition, right knee condition, left hip condition, and right hip condition due to pre-decisional duty to assist errors.

The Veteran's claims for service connection for back, hernia, and left knee disabilities were previously denied due to lack of new and relevant evidence. The Board has not readjudicated these claims as the Veteran did not submit such evidence.

The Board has remanded the claims for hypertension, right knee disability, left knee disability, and psychiatric disability (including depression and PTSD) due to a duty-to-assist error regarding private treatment records. The Veteran is requested to provide authorization for VA to obtain these records.

The Veteran's appeal for increased ratings for her service-connected migraine headaches and left knee medial plica excision was denied. The Veteran had a noncompensable rating for migraines since October 1, 2001, but the Board found no evidence of characteristic prostrating attacks to warrant a higher rating. For the left knee condition, she received a 10 percent disability rating effective October 1, 2018, and the Board did not find any basis for an increased rating.

The Board has decided to remand the case due to a failure to address the Veteran's theory of entitlement involving his service-connected musculoskeletal disabilities and obesity as an intermediate step.

The Board has remanded the claims for tinnitus and right hand and knee conditions due to inadequate opinions regarding their etiology. The Veteran's service in Southwest Asia is noted, but no specific exposure basis was provided.

The Veteran withdrew his appeals regarding the service connection for left knee, right knee, right ear hearing loss, thoracolumbar spine, and peptic ulcer disabilities before the Board could make a decision.

The Board has determined that the VA examiner's opinions regarding secondary service connection for left hip osteoarthritis are inadequate and requires further development of medical opinion evidence.