Knee decisions — 2024

The Veteran's TDIU claim is granted with an effective date of April 12, 2021. The Board finds that the combined effects of his service-connected right knee disability and PTSD with MDD prevent him from securing or following a substantially gainful occupation.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination and medical opinion for the Veteran's right knee disability.

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The Veteran's migraine headaches are found to have started during service and granted service connection.,There is no evidence of sleep apnea or related disability, and the claim for this condition is denied.

The Veteran's left knee instability, including recurrent subluxation and patellar tracking disorder, is rated at 20 percent from March 23, 2017.

The Board has remanded the claims for service connection due to insufficient evidence of a nexus between the Veteran's current conditions and his military service. The Veteran is asked to undergo VA examinations to determine if he has left knee, lumbar spine, or lower extremity disorders, and whether these conditions are related to his service.

The Board has determined that there was a duty to assist error and remands the case for further development, including additional VA examinations.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding whether her left knee condition and migraines were aggravated by active duty service.

The Board has granted service connection for left knee and left shoulder disabilities, finding the evidence at least in equipoise as to whether these conditions were caused by service.,Service connection was also granted for PTSD, but the Veteran did not meet the criteria for this condition.

The Veteran's service-connected scars status-post ACL repair, left knee, do not warrant a compensable rating.,The Veteran's left knee disability does not meet the criteria for a rating in excess of 10 percent disabling based on limitation of flexion. Separate ratings for painful extension and instability have been granted.,Service connection has been established for right ear hearing loss, chronic sinusitis, and chronic headaches.,Left ear hearing loss service connection is denied.,The Veteran's left knee disability warrants separate 10 percent ratings for painful extension and instability.

The Veteran's TDIU claim is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The Veteran has multiple service-connected disabilities, but his combined rating does not meet the schedular requirements for a TDIU during any period on appeal.

The Veteran's major depressive disorder is rated at 50 percent, but the Board found that her symptoms did not meet the criteria for a higher rating.,Her lumbar spine degenerative disc disease with degenerative joint disease and levoscoliosis is currently rated at 10 percent. The Board determined that her symptoms do not warrant a higher rating.,Left lower extremity radiculopathy is rated at 20 percent, while right lower extremity radiculopathy is also rated at 20 percent.,Left knee osteoarthritis and right knee osteoarthritis are both currently rated at 10 percent.

The Board has dismissed the appeal for service connection of a right knee condition and denied the claim for service connection of a right leg condition.

The Board has remanded the claims for cervical, thoracic spine, bilateral shoulder, knee, and foot conditions, as well as headaches and an eye condition due to incomplete information regarding the Appellant's service periods and lack of verification of relevant medical records.

The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.

The Board has remanded the service connection claims for left and right knees, as well as the right ankle due to a failure to obtain the Veteran's exact training dates and VA examinations.

The Board has granted service connection for bilateral knee arthritis and low back pain, finding that the Veteran's symptoms are related to his in-service motor vehicle accident.,Service connection was denied for glaucoma as there is no evidence linking it to active service.

The Board has determined that the Veteran's right knee, low back, and traumatic brain injury (TBI) claims should be remanded for further development due to inadequate examinations in July 2016.

The Board has remanded the Veteran's claims for service connection for cervical spine, left knee, and right knee disabilities due to insufficient medical opinion regarding their etiology and aggravation by his service-connected lumbar spine disability.

The Veteran's right knee residuals, limitation of extension are not entitled to an effective date prior to July 5, 2018 as there was no indication of such disability prior to that date and the claim for increased rating was filed within one year after the VA examination.,The Veteran's allergic rhinitis with post-operative deviated nasal septum is not entitled to an effective date prior to February 1, 2009 as her last day of active service was January 31, 2009 and she filed a claim within one year after separation from service.,The Veteran's bilateral cataracts with left corneal scar are not entitled to an effective date prior to February 1, 2009 as her last day of active service was January 31, 2009 and she filed a claim within one year after separation from service.