Knee decisions — 2024

The Board has granted an effective date of May 19, 2021 for the award of a separate 20 percent rating for right knee instability. The claim of entitlement to an initial higher rating is remanded due to a duty to assist error.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea (OSA), to include as due to obesity as an intermediate step between his service-connected left knee disability and OSA, was not fully developed at the time of the April 2021 rating decision. The Board finds a duty-to-assist error occurred in this regard and thus remands the case for further development.

The Veteran withdrew his appeals for service connection of mid/lower back musculoskeletal condition with degenerative arthritis, right hip condition with degenerative arthritis, left hip condition with degenerative arthritis, and left knee patellofemoral pain syndrome. As a result, the claims are dismissed.

The Board has determined that the Veteran's claims of service connection for a right middle finger condition and bilateral knee conditions require further examination to determine if they are related to his military service.

The Board has granted the readjudication of the claim for service connection for left knee osteoarthritis and denied the readjudication of the claim for service connection for ingrown toenails.

The Board has denied the Veteran's claims for service connection for right knee and left knee disabilities, as well as a temporary total evaluation based on surgical or other treatment necessitating convalescence. The evidence does not support a finding that these conditions are related to service.

The Veteran's claims for earlier effective dates for the grant of service connection for right and left knee osteoarthritis are denied as there is no legal basis for an earlier effective date.

The Veteran's claim for a higher rating for his service-connected right knee osteoarthritis status post right medial meniscectomy is remanded due to duty-to-assist errors.

The Veteran's service connection claims for hypopituitarism (claimed as diabetes insipidus), right knee disability, left knee disability, and migraine headaches are all granted. The remanded claims of service connection for a urinary system disorder, respiratory system disorder, and right shoulder disorder have been ordered.

The Veteran's service-connected knee disabilities, combined with his obesity, make him unable to secure or follow substantially gainful employment. The Board denied the TDIU claim as the Veteran's disabilities alone do not preclude him from securing and following a substantially gainful occupation.

The Board has granted service connection for left foot degenerative arthritis and increased the rating for left knee patellar tendonitis to 30 percent. A separate 10 percent rating is assigned for left knee instability.

The Board has denied service connection for left and right knee disorders as they are not shown to be causally or etiologically related to any disease, injury, or incident during service, arthritis did not manifest to a compensable degree within one year of separation from active duty, and such is not caused or aggravated by a service-connected disability.

The Veteran is seeking to have the June 2010 rating decision, which denied service connection for left knee tricompartmental degenerative joint disease, revised due to clear and unmistakable error. The appeal involves allegations of CUE in the original decision based on a May 2010 VA examiner's opinion linking the Veteran's condition to military service. The Board is remanding the case to obtain clarification on the dates of active duty for training (ACDUTRA) or inactive duty training (INACDUTRA).

The Veteran's appeal for service connection for an acquired psychiatric disorder and colitis is dismissed as moot.,Service connection for a right knee disorder, left knee disorder, and back disorder are denied.

The Board has determined that the VA examinations and opinions provided were inadequate, and thus remanded for further development and consideration.

The Veteran's ratings for residuals of right knee injury with traumatic arthritis and right knee limitation of extension were restored to their previous levels, effective January 1, 2020.

The Board has withdrawn the Veteran's appeal for bilateral vision loss and has remanded her appeals regarding other conditions.

The Veteran's 40 percent rating for limited extension, right knee degenerative arthritis was reduced to a noncompensable (0%) rating effective July 1, 2021. The Board found the reduction improper and restored the prior 40 percent rating.

The Veteran's left knee extension disability is currently rated at 10 percent, but the evidence does not support a higher rating as his limitation of extension is not limited to 15 degrees or greater.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's right knee condition and its relationship to service or a service-connected disability.