Knee decisions — 2024

The Board has granted the Veteran's claim for payment of unauthorized non-VA medical care provided on December 23, 2020. The care was emergent and delayed treatment would have been hazardous to his health. The Veteran's service-connected disabilities were aggravated by this emergency care.

The Veteran withdrew their appeals for service connection for Female Sexual Arousal Disorder (FSAD) as secondary to Post Traumatic Stress Disorder and Right Knee Condition as secondary to Shin Splint, Right Leg with Tibialis Posterior Tendonitis (ACE).

The Board denied service connection for bilateral knee disabilities, finding that the evidence did not establish an in-service injury or disease and that the current conditions are not related to service.

The Veteran's claims for obesity, peripheral neuropathy of the bilateral upper extremities, right knee osteoarthritis status post total knee arthroplasty, left foot disorder, diabetes mellitus type II, lumbar spine disorder, sleep apnea, and hypertension have been denied. The Board found that there is no evidence to support these claims.

The Veteran's tinnitus is granted as service-connected, with the Board finding that it was incurred in active duty.,For her bilateral pes planus, with left foot hallux valgus and bilateral plantar fasciitis, a rating of 40 percent is granted. The maximum schedular evaluation available under DC 5276 is assigned.

The Veteran's claims for increased ratings were dismissed due to the proposed reductions of his existing ratings not being final decisions at the time he filed his Notice of Disagreement.

The Veteran's claims of service connection for sleep apnea, left knee strain, and right knee strain are being remanded due to the need for additional medical opinions regarding the relationship between his service-connected PTSD and these conditions.

The Board has denied a higher than 10 percent rating for left knee instability, as the Veteran's instability does not present itself frequently enough to approximate moderate or severe instability.

The Board has remanded the appeal for further development to obtain additional VA and non-VA treatment records, clarify the Veteran's service status during a deployment in Kuwait, and attempt to obtain any relevant private treatment records.

The Board has remanded the claims for service connection for left shoulder, back, and right knee disorders due to inadequate VA examination reports. The Veteran's symptoms post-service are also considered.

The Board has granted an earlier effective date of June 1, 2010 for the Veteran's entitlement to TDIU on an extra-schedular basis based on the evidence showing that his service-connected disabilities rendered him unable to secure and follow substantially gainful employment as of that date.

The Veteran's claims for effective dates prior to May 25, 2017 and May 30, 2018 for left total knee replacement and right hip scar, respectively, are denied. The claim for extension of a temporary total rating beyond July 1, 2018 is also denied. A compensable rating for the right hip scar is not granted. The Veteran's claims for increased ratings for his back disability are also REMANDED.

The Veteran withdrew his appeal regarding the service connection for a left knee meniscal tear, and as such, the appeal is dismissed.

The Board has granted service connection for the Veteran's right knee condition as secondary to his service-connected left knee tendonitis, patellofemoral pain syndrome and chondromalacia patella with instability, and left ankle achilles tendonitis and plantar fasciitis.

The Board denied the Veteran's claims for service connection for acquired psychiatric disorders, left ankle disabilities, right ankle disabilities, left knee disability, and left little finger disability. The evidence did not support current diagnoses of these conditions.

The Veteran's hip and knee conditions have been evaluated, but the claims for increased ratings are denied as there is no evidence of limitation of motion or instability that warrants a higher rating.

The Board has remanded the Veteran's claims for service connection for left ankle and left knee disabilities due to insufficient evidence. The Veteran's current conditions are not related to his military service.

The Veteran's service-connected disabilities resulted in the need for aid and attendance as he required care or assistance on a regular basis to feed himself, keep himself clean and presentable, protect him from hazards, and manage his medications.

The Board has determined that additional development is needed to decide the service connection claims for right knee disability and thoracolumbar spine disability. The Veteran's appeal of OSA remains remanded.,Service connection for obstructive sleep apnea (OSA) is being remanded due to a duty to assist error, specifically regarding an inadequate VA examination.

The Board denied the appellant's request for attorney fees based on past-due benefits awarded in the January 2023 rating decision, as this decision was an initial decision with respect to a new claim for increased ratings submitted by the Veteran.