Knee decisions — 2024

The Veteran's claims for service connection are being remanded due to a duty to assist error and the need to adjudicate secondary service connection for ankle disabilities. The AOJ is instructed to ensure all VA treatment records have been associated with the claims file, and then to adjudicate the secondary service connection claim.

The Veteran's claims for increased evaluations of his right and left knee conditions, as well as his posttraumatic stress disorder with somatic symptom disorder, were denied. The Board found that the evidence did not support higher ratings under the applicable diagnostic codes.

The Board has decided to remand the case due to procedural errors and the need for additional medical opinions regarding the Veteran's right knee condition.

The Board has granted service connection for rhinitis and sinusitis, low back stiffness, left hip condition, neck injury, and bilateral knee disability. The evidence is nearly balanced as to whether these conditions had their onset during the Veteran's active duty.

The Veteran's claims for increased ratings and TDIU are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to schedule the Veteran for a VA examination to determine the current severity of his service-connected bilateral knee disorders, and to consider referral for extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Veteran's tinnitus is granted service connection. The claims for anxiety disorder, left knee strain, right knee strain, and lumbosacral strain are remanded.

The Veteran's pinguecula and thoracolumbar spine disability are granted service connection, while his migraine, right knee disability, cervical spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy are granted. The Veteran's bilateral plantar fasciitis is denied.

The Veteran's claims for increased disability ratings for left and right knee disabilities are being remanded due to a pre-decisional duty to assist error in the September 2020 VA examination report, which did not provide sufficient explanation or evidence to decide the claims. The claims will be re-adjudicated after scheduling an appropriate VA examination.

The Board dismissed the appeal for service connection of PTSD due to a full grant of benefits. The Veteran's PFB and left knee disability were granted with appropriate ratings.

The Veteran's claim for an initial rating higher than 10 percent for left knee strain with osteoarthritis was denied as his flexion did not reach the level of 30 degrees, which would warrant a higher rating.

The Board has denied service connection for left knee, left hip, and bilateral ankle disabilities due to a lack of evidence linking these conditions to service or a service-connected disability. The claim for sleep apnea is remanded as the Veteran's lay statements suggest a possible in-service onset.

The Board has restored a 20 percent rating for left knee DJD, effective October 1, 2019. The Veteran's left knee DJD is not manifested by limitation of flexion to 15 degrees or less.

The Board found that the reduction of ratings for lumbar strain with degenerative disc disease, right knee arthritis with limited painful extension, and left knee limitation of flexion was proper. The Veteran's overall combined rating has not changed.

The Veteran's temporary total evaluation claim for treatment of a right knee meniscus disability was denied due to the claim being received more than one year after the surgery. The rating in excess of 20 percent for the same condition is remanded for further examination and consideration.

The Veteran's left total knee arthroplasty is granted with a rating of 60 percent effective February 27, 2021. The claim for TDIU based on service-connected disabilities was denied.

The Veteran's appeals for increased ratings have been dismissed as the Veteran has withdrawn his appeal.

The Veteran's bilateral hearing loss is granted as service-connected. The issues of service connection for right and left knee conditions, and a hematoma of the right thigh are remanded.

The Board has granted service connection for headaches, low back disability, and left knee disability. The Veteran's conditions were found to have worsened during his military service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.

The Veteran's appeal is remanded due to the inadequacy of the September 2020 VA examination, which did not provide an estimate for passive range of motion testing. The Veteran needs a new VA examination to rectify this deficiency.