Knee decisions — 2024

The Veteran's migraine headaches are granted a 50 percent evaluation, effective December 2, 2021. The Veteran's irritable bowel syndrome is denied any increase in rating. The Veteran's right shoulder strain and left knee strains are both denied any increase in ratings. The Veteran's meningitis and urine leakage as a residual of meningitis are granted increased evaluations. Special monthly compensation for housebound status and TDIU based on single service-connected disability are granted. An earlier effective date for Dependents' Educational Assistance under 38 USC chapter 35 is denied.

The Board has granted service connection for OSA as secondary to the Veteran's right knee disability with obesity. The left foot pes planus, right foot pes planus, and left knee disability claims are remanded due to pre-decisional duty-to-assist errors.

The Veteran's claim for service connection for right ankle strain is accepted, and the appeal in this respect is granted. The issue of entitlement to service connection for left knee disability, as secondary to bilateral pes planus with plantar fasciitis and/or a left ankle disability, is remanded.

The Veteran's tinnitus is granted as service-connected.,Service connection for bilateral hearing loss is denied due to lack of current disability meeting VA standards.

The Board has determined that the VA medical opinion obtained in October 2023 is inadequate and constitutes a pre-decisional duty to assist error. The Veteran's claim of entitlement to compensation benefits under 38 U.S.C. 1151 for infection and inflammatory reaction due to internal right knee prosthesis, due to treatment by VA, is remanded.

The Veteran's dementia is being remanded for an additional medical opinion to determine its etiology.,The Veteran's right knee condition and left knee condition are both being remanded for additional medical opinions to determine their etiologies.

The Board has remanded the Veteran's claims for service connection for eye disability, left knee disability, and left shoulder disability due to inadequate medical opinions and potential missing STRs. The AOJ is instructed to obtain any outstanding STRs and provide a new examination with an addendum opinion.

The Board denied the Veteran's claim for service connection of a right knee disability, finding that there was no evidence to support a link between his current condition and his military service.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, considering his education and work history. Therefore, TDIU is granted.

The Board has found errors in the AOJ's notice and requires that a pre-decisional hearing be provided to the Veteran before the AOJ on all reopened claims.

The Veteran's left knee condition, right knee condition, and back condition are granted as secondary to his service-connected pes planus.

The Veteran's left and right knee disabilities are each rated at 10 percent, effective October 31, 2017. The Board has granted separate 10 percent ratings for lateral instability in both knees.

The Board has decided to remand the Veteran's claims for right and left knee chronic musculoligamentous strain, as the July 2017 VA examination is inadequate for rating purposes. A retrospective opinion on estimated passive range of motion measurements, during weight-bearing and non-weight-bearing, and after repetitive use is needed.

The Board has remanded the Veteran's claims for left knee, right knee, and right shoulder disabilities due to insufficient medical opinions regarding their etiology.

The Board has decided to remand the case due to insufficient opinions regarding the relationship between the Veteran's right knee disorder and his service, as well as its relation to his service-connected conditions.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected conditions, including depressive disorder, right and left patellar tendonitis, left knee anterior instability, and right ankle sprain. As such, the appeal for service connection of OSA has been granted.

The Board has found that there are missing medical records from the Veteran's service in the Fleet Reserve and from his private doctors, which may impact the determination of whether he is entitled to service connection for his knee disabilities. The case is being remanded to obtain these records.

The Board has found that the Veteran's back and left knee disabilities are currently present, but a VA examination is needed to determine their etiology.

The Board has granted service connection for right knee, right ankle, and left ankle conditions incurred during active duty parachute jumps. The Veteran's current pain and swelling in these joints are considered to be related to his military service.

The Board has decided to remand the Veteran's claims for service connection and a rating increase due to incomplete STRs, duty to assist errors, and inadequate VA medical opinions. The AOJ is instructed to obtain complete STRs and military personnel records, as well as adequate VA medical examinations and opinions that consider all evidence of record.