Knee decisions — 2024

The Veteran's lumbar spine disability is rated at 20 percent, and the right and left knee PFS disabilities are each rated at 10 percent. The appeal for a higher rating for the lumbar spine disability is denied.,The appeals for service connection for obstructive sleep apnea, TDIU, and a sleep disorder are granted and remanded respectively.

The Board has found pre-decisional duty to assist errors in the VA examinations for cervical spine and right knee disabilities, requiring remand to obtain retrospective medical opinions regarding functional loss during flare-ups and repetitive use.

The Veteran's motion to revise the August 2018 rating decision regarding effective dates and disability ratings was dismissed because the decision had not yet become final at the time of the CUE motion.

The Board has remanded the claims for service connection for right knee disorder, left knee disorder, and back disorder due to insufficient evidence. The Veteran's dyshidrotic eczema claim remains denied.

The Veteran's claims for service connection for a left knee disability, bilateral hearing loss, an antibiotic resistant system, and a lumbar strain were denied due to lack of new and relevant evidence. The claim for service connection for glandular cysts (also claimed as whole body glandular infection) was granted due to the submission of new and relevant evidence.

The Veteran's right knee disability, including painful flexion, extension issues, instability, and frequent episodes of locking, pain, and swelling due to a meniscal tear, is rated at 20 percent. The other conditions are separately rated.

The Board has granted service connection for plantar fasciitis, diabetes mellitus type 2, hypertension, right knee osteoarthritis, left knee osteoarthritis, and radiculopathy of the lower extremities. Service connection was denied for lumbar spine disorder and bowel and bladder disorders.

The Board has dismissed the appeals for service connection of left shoulder strain, lumbosacral strain, and left knee strain. Appeals for high blood pressure, foot condition (including foot fungus), and erectile dysfunction were also dismissed due to a duplicate appeal docket.

The Board has remanded the claims of service connection for left shoulder pain, a left knee disability, and a right knee disability due to insufficient examination findings. The Veteran's lay statements regarding his symptoms will be considered.

The Veteran's appeal regarding the timeliness of a May 2023 VA Form 10182 is dismissed as his Motion for Extension of Time was granted, making the form timely.

The Veteran's claims for an effective date prior to March 1, 2019, and a higher initial rating for his left knee condition are remanded due to the need for additional medical opinions.

The Board has denied the veteran's claims for service connection for low back disorder, right knee disorder, and left knee disorder due to a lack of evidence linking these conditions to his military service.

The Board has remanded the case due to a duty to assist error, and will consider whether the Veteran's right knee disability is related to an in-service injury or physical duties.

The Veteran's appeals for increased evaluation of left knee disability and service connection for erectile dysfunction have been dismissed. The appeal for TDIU benefits has also been dismissed.

For the entire period on appeal, the Veteran's lumbosacral strain disability has not met the criteria for a higher initial rating.,For the entire period on appeal, the Veteran's left knee strain disability has not met the criteria for a higher initial rating. However, a separate 10 percent evaluation is granted for left knee instability.

The Veteran is granted eligibility for specially adapted housing and SMC based on the need for regular aid and attendance due to his service-connected disabilities, including a below-the-knee amputation.

The Veteran's claims for increased ratings for left and right lower extremity radiculopathy, IVDS with degenerative arthritis of the spine and spinal stenosis, varicose veins of the right lower extremity, and tinnitus have been denied.,Service connection for a right knee disability has also been denied.

The Veteran's service-connected PTSD and traumatic arthrofibrosis of the left knee render him in need of regular aid and attendance, warranting entitlement to special monthly compensation (SMC) based on aid and attendance.

The Veteran's prostate cancer and coronary artery disease are granted on a presumptive basis under the PACT Act.,The Veteran's hypothyroidism is granted on a presumptive basis under the PACT Act. However, verification of service in Vietnam is needed to determine if an earlier effective date can be assigned.,The right knee disability is remanded for further development and medical opinion.

The Board has granted effective dates prior to October 28, 2019, for the Veteran's TDIU and DEA benefits due to his service-connected disabilities preventing him from securing or following any substantially gainful occupation.