Knee decisions — 2024

The Board denied the Veteran's claim for a temporary total evaluation due to hospitalization because the hospitalization did not exceed 21 days, even when combining both hospitalizations at Harris Regional Hospital and Mission Hospital.

The Veteran's claims for service connection for various conditions, including right and left ankle arthralgia, a sleep disorder, an acquired psychiatric disorder, left shoulder osteoarthritis, right knee disability, right hip OA, left hip OA, cervical spine disability, and hearing loss have been denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.,The Veteran's claims were remanded for further action on his hypertension and GERD/hiatal hernia.

The Board has remanded the Veteran's claim for a rating in excess of 30 percent for his left knee disability due to a duty to assist error, specifically failing to obtain the Veteran's Social Security Administration records.

The Board has granted an effective date of May 29, 2015 for the award of service connection for a right knee scar. The decision is based on secondary service connection as the scar is related to the Veteran's service-connected right knee meniscus and ACL tear residuals with osteoarthritis.

The Board has granted a 20 percent rating for right knee limitation of extension and a 30 percent rating for sinusitis, both effective December 13, 2023. The decision is based on the appellant's timely appeals filed under the Appeals Modernization Act (AMA).

The Board has determined that the Veteran's right knee disability is at least as likely as not related to his active duty service, and thus grants service connection for a right knee disability.

The Board has remanded the cases for referral to VA's Director of Compensation Service for extraschedular consideration regarding TDIU and DEA benefits prior to September 22, 2009. The issues are inextricably intertwined.

The Board has remanded the claims of service connection for a bilateral knee condition, obstructive sleep apnea, and tinnitus due to errors in characterizing the Veteran's service and incomplete private treatment records.

The Board has granted earlier effective dates of March 6, 2020 for the assignment of a 30 percent evaluation for left knee flexion and a 20 percent evaluation for left knee instability.

The Board has granted service connection for left knee instability and left knee strain with recurrent patellar dislocation, chondromalacia patellae and sprain of the medial patella retinacula.

The Veteran's appeals for service connection were dismissed as he did not file a Notice of Disagreement within one year of the December 2022 rating decision, and his request for an extension was denied.

The Board has denied the Veteran's claims for service connection for bilateral knee disability, non-ischemic dilated cardiomyopathy, and bilateral hip degenerative joint disease. The evidence did not establish an in-service injury or event related to these conditions, nor could it be presumed due to military service.

The Veteran's claims for increased ratings for left and right knee arthritis prior to the surgeries were denied. The VA examinations did not find any limitation of motion specifically attributable to pain, and the disabilities are rated based on their inherent characteristics rather than functional loss due to pain.

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities effective September 1, 2018. The decision also remanded the issue of TDIU prior to September 1, 2018 for referral to the Director of Compensation Services for extraschedular consideration.

The Veteran seeks earlier effective dates for TDIU and DEA benefits due to service-connected disabilities. The Board finds that the failure to refer the issue of entitlement to a TDIU prior to July 17, 2015, to the Director was an error in satisfying a regulatory duty, as it has a reasonable possibility of aiding in substantiating the claim.

The Veteran's PTSD is granted a 100% rating, and his left total knee arthroplasty residuals are granted a 60% rating prior to November 8, 2021. The appeal for a higher rating on or after November 8, 2021, for the left knee disability remains pending.

The Veteran's claim for tinnitus has been granted, and the Board is dismissing it. The Veteran's claims for bilateral hearing loss disability, right shoulder disability, right elbow disability, right hip disability, and right knee disability are being remanded due to procedural errors in obtaining medical opinions.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since February 2, 2019. Effective that date, he is granted TDIU and DEA benefits.

The Veteran's appeals for higher evaluations of their right total knee arthroplasty and right knee surgical scar have been dismissed due to the Veteran's death.

The Board has remanded the Veteran's claims for an initial evaluation higher than 10 percent for various service-connected disabilities, including degenerative arthritis of the knees and lumbar spine, left elbow bursitis, and rotator cuff tendonitis of the shoulder. The remand is due to inadequate examination reports that do not provide specific findings regarding range of motion loss due to pain.