Knee decisions — 2024

The Veteran's claims for service connection are remanded due to a duty-to-assist error. The AOJ needs to confirm dates of active duty training (ADT) and inactive duty training (IDT) service, obtain financial records from DFAS, and any outstanding service treatment records related to ADT and/or IDT service subsequent to his April 1991 demobilization examination.

The Veteran's claim for an earlier effective date for a 40% rating for left knee instability with osteoarthritis is denied. The Board found that the evidence did not show a factually ascertainable increase in severity of her condition within one year prior to July 28, 2023.,The Veteran's claim for an earlier effective date for a 100% rating for PTSD is granted and effective as of May 2, 2023. The Board found that the evidence showed total occupational and social impairment due to her PTSD.

The Board denied service connection for neck, low back, right knee, and left knee disorders. The Veteran's hypertension claim was also denied.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for service connection for right knee and right ankle disorders. The claims are being remanded for further examination and opinion.

The Board has remanded the case due to a lack of an addendum opinion addressing whether the Veteran's preexisting left knee disability was aggravated by service beyond its natural progression.

The reduction of the rating for service-connected left knee degenerative arthritis from 20 percent to 10 percent was proper, and restoration of a separate 20 percent rating for left knee instability is denied.

The Veteran's service-connected chronic urticaria is rated at the maximum allowable level (60%), and he has been granted a TDIU based on his inability to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's request for a higher rating for his right knee disability is denied. Since January 28, 2020, he is granted a separate rating of 40 percent for limited right knee extension and a separate rating of 20 percent for moderate right knee instability. A total disability rating based on individual unemployability (TDIU) is also granted since January 31, 2020.

The Board has remanded the Veteran's claims for left knee, left shoulder, and back disabilities due to errors in the AOJ's decision-making process. The AOJ is required to obtain new medical opinions addressing the etiology of these conditions.

The Board has remanded the Veteran's claims for service connection for left and right knee conditions due to duty-to-assist errors, including inadequate VA medical opinion and missing treatment records.

The Veteran's lower back traumatic arthritis is rated at 40 percent, and the knee disabilities are remanded for further evaluation.

The Board has remanded the claims for left knee disability, seizure disorder, and related secondary service connection issues due to inadequate development of evidence and lack of adequate rationale in medical opinions.

The Board has decided to remand the case due to insufficient medical evidence regarding the etiology of the Veteran's right knee disability. The claim will be reviewed again with a focus on establishing continuity of symptomatology and etiology between service and current condition.

The Veteran's appeal for service connection for a sleep disorder is dismissed as the benefit sought on appeal has already been awarded. The Board remands the remaining claims of service connection for neck, low back, left knee, and right knee disorders for further development.

The Veteran's right knee instability is rated at 20 percent since October 27, 2011. The Board has remanded the case for further development.,The Veteran's current 20 percent rating for right knee instability does not reflect the severity of his condition.

The Veteran's left knee disability, including a meniscal tear and degenerative joint disease, is scheduled for surgery. The Board has ordered the AOJ to obtain records of this procedure due to a pre-decisional duty-to-assist error.

The Board has denied the Veteran's claim for service connection for a right knee strain, finding that there is no causal relationship between his current disability and his in-service injury. The Board considered all evidence of record, including VA examinations and treatment records, but found the Veteran's statements concerning the onset of his right knee disability to be inconsistent.

Service connection for pseudofolliculitis barbae, groin pain, and right arm callus is denied.,The claims of service connection for gastroesophageal reflux disease (GERD), a right knee disability, and a left lower extremity pain are remanded.

The Veteran's left knee osteoarthritis and tinnitus have been granted service connection.,Headaches, low back disability, and bilateral ankle disabilities are remanded for further review.

The Veteran's appeal for an earlier effective date for the grant of service connection for a right knee disability is dismissed as it violates the rule of finality.