Knee decisions — 2024

The Board has remanded the Veteran's claims for low back disability, left knee disability, right ankle disability, right foot disability, and left foot disability due to a pre-decisional duty to assist error. The examiner is requested to provide an opinion on whether these disabilities are at least as likely as not related to service.

The Board has restored a 10 percent rating for the Veteran's right knee chondromalacia patella, effective September 19, 2001, due to clear and unmistakable error (CUE) in the April 2012 rating decision that reduced it to noncompensable.

The Board has remanded the case due to errors in obtaining necessary opinions and evidence, including on the issue of aggravation by service-connected conditions and direct incurrence during active service.

The Veteran's patellofemoral syndrome of the right knee was rated at 10 percent prior to September 2, 2014 and denied a higher rating.,The Veteran's patellofemoral syndrome of the left knee was rated at 10 percent prior to September 2, 2014 and denied a higher rating.

The Veteran's appeal for service connection on four different conditions (back, hypertension, right knee, and left knee disabilities) has been dismissed due to the accredited representative withdrawing all issues on appeal.

The Board has found a duty to assist error in the form of failure to obtain an adequate examination and opinion regarding the appellant's bilateral knee disabilities. The case is being remanded for further evaluation.

The Veteran's appeal is remanded for further development regarding service connection claims and TDIU. The VA will schedule examinations to determine the nature and etiology of his low back, neck, and hip disabilities as secondary to his service-connected right leg amputation.

The Veteran's service connection claims for various conditions are being remanded due to incomplete STRs and inadequate VA examination.

The Veteran's claim for service connection for arrhythmia was denied due to lack of evidence showing a current diagnosis related to his active service or service-connected hypertension.,Service connection for left knee strain and right knee strain (post-ACL repair and meniscectomy) were granted with effective dates prior to October 29, 2018. The scar on the right knee was also granted an initial non-compensable rating.

The Veteran's claims for earlier effective dates for the assignment of a 40 percent disability rating for service-connected DJD of the lumbosacral spine at L5-S1, and awards of service connection for patellofemoral syndrome of the left and right knees based on limitation of flexion are denied.,The Veteran's claims for earlier effective dates for the award of service connection for left lower extremity radiculopathy and right lower extremity radiculopathy are denied.,The Veteran's claim for an earlier effective date for the grant of basic eligibility to Dependents' Educational Assistance (DEA) benefits is denied.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, which is granted.

The Veteran's claims for a compensable rating for right knee strain, service connection for PTSD, and service connection for brain hemorrhage are remanded due to the need for additional development.

The Board has remanded the cases for further development to determine if the Veteran's conditions of left knee DJD (limitation of extension) and limitation of flexion, as well as left ankle strain with degenerative joint disease, were present prior to the effective dates assigned in the July 2021 decision.

The Board denied service connection for bilateral knee disability and diabetes mellitus, type II due to lack of evidence linking these conditions to active service.

The Board has decided to remand the cases of service connection for right and left knee disabilities due to insufficient examination findings.

The Veteran's disability rating for left knee extension was reduced from 30 percent to 0 percent in November 2019. The Board has now restored the 30 percent rating, finding that the reduction was improper due to an inadequate examination report.

Service connection for bilateral hearing loss is granted.,Entitlement to a compensable rating for the left eye condition is denied.,Service connection for depression and/or a mental condition (schizophrenia) is granted with a 100% rating effective October 23, 2018. The claim for service connection for depression and/or a mental condition is dismissed as there remains no case or controversy as to this issue.,Service connection for the right knee condition is denied.,Service connection for hypothyroidism is granted.

The Veteran's appeal for an earlier effective date for his right knee surgical scar was denied. The Board found that the scar did not exist prior to the surgery and therefore, no earlier effective date is warranted.,The Veteran's claim for a compensable rating for his right knee surgical scar was also denied. The VA examiner concluded that there was no evidence of pain or instability in the scar.

The Board denied service connection for PTSD, bilateral hearing loss, left knee disability, and vertigo due to a lack of current diagnoses or evidence linking these conditions to military service.,Service connection was not granted as the appellant did not meet the criteria for service connection under direct service connection.

The Board has granted service connection for obstructive sleep apnea, left knee instability, and right knee instability. Service connection was denied for the Veteran's right side ulcer with pain.,Service connection is granted for the Veteran's obstructive sleep apnea, left knee instability, and right knee instability on a direct basis.