Knee decisions — 2024

The Board has decided to remand the Veteran's claims for increased ratings due to a duty to assist error. Specifically, the VA Regional Office did not obtain a new VA examination to assess the current severity of his lumbar spine, cervical spine, and right knee disability.

The Board has remanded the case due to errors in the examination and lack of consideration of certain evidence, including private treatment records from Albany, Georgia.

The Board denied the Veteran's claim for an earlier effective date for service connection of left knee strain with limitation of flexion, finding that his claim was received on January 13, 2015 and that his left knee flexion was not shown to be limited prior to April 15, 2016.

The Board has denied the Veteran's claims for service connection for various disabilities, including left knee disability, back disability, left and right lower extremity radiculopathy, hammer toe, pes planus, and gout.

The Veteran's claim for service connection for a lumbosacral strain (claimed as a back strain) was granted. The claims for service connection of the left knee, ankle, elbow, shoulder, wrist, and cardiovascular conditions are remanded due to duty-to-assist errors.

The Board has remanded the claims for service connection due to a lack of an opinion addressing whether the Veteran's claimed disabilities were caused or aggravated by her service-connected PTSD with bipolar disorder and obesity.

The Board denied service connection for migraine headaches, obstructive sleep apnea, lumbar spine disability, left hip disability, and right knee disability. The evidence did not establish a nexus between these conditions and service.,There was no indication of an association between the claimed conditions and toxic exposure risk activities.

The Board has determined that the Veteran's current bilateral knee conditions are related to her active-duty service and granted entitlement to service connection for both right and left knee conditions.

The Veteran's service-connected disabilities require the need for regular aid and attendance, which qualifies him for special monthly compensation based on aid and attendance.

The Board has remanded the claims for an evaluation in excess of 10 percent for service-connected right and left knee osteoarthritis due to a lack of adequate examination regarding the severity of symptoms during flare-ups.

The Veteran's appeal for increased ratings for left knee disability and limited extension was denied. The left knee disability was rated at 10 percent from June 5, 2008 to May 31, 2017, based on painful arthritis with flexion limited no worse than 95 degrees. For the initial rating period of July 1, 2010 to May 31, 2017, left knee extension was rated at 0 percent due to limitation of motion not reaching a compensable degree.

The Board has restored the Veteran's right knee disability rating from 10% to 10%, effective July 25, 2019, finding that the reduction was improper and not supported by evidence of improvement in his ability to function under ordinary conditions.

The Board has granted service connection for hiatal hernia, asthma (claimed as recurrent cough), right knee condition, epididymitis, and gastroesophageal reflux disease (GERD). Service connection is also granted for these conditions on a presumptive basis due to the Veteran's military service in the Southwest Asia Theatre of Operation. The appeal for sensitive teeth has been withdrawn.

The Board has determined that there are pre-decisional errors in the decision and requires additional evidence and examinations to determine if service connection is warranted for PTSD, right knee disability, right ankle disability, and DVT.

The Board has granted service connection for bilateral knee strain, bilateral shoulder strain, and right elbow strain. The conditions are deemed to be directly related to the Veteran's military service.

The Veteran's TDIU was granted based on her service-connected migraines. The combined rating of all service-connected disabilities is at least 60%, meeting the criteria for SMC housebound.

The Board has granted readjudication of the claims for service connection for right knee patellofemoral syndrome and left hand sprain, finding new and relevant evidence submitted after the April 2020 denial. Effective dates have not been assigned as the claims are still pending.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his bilateral wrist, hand, knee, and cervical spine disabilities. The VA is required to provide a VA examination to determine if these conditions are related to active service.

The Board has denied the Veteran's claim for service connection for right knee disability, finding that there is no competent medical evidence linking his current condition to his military service.

The Veteran's appeal for a higher rating for left total knee arthroplasty has been dismissed due to the appellant's withdrawal of the issue.