Knee decisions — 2024

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since March 18, 2020. The appeal is remanded for further development.

The Veteran's claim for a TDIU prior to February 8, 2024 is remanded due to a pre-decisional duty to assist error. The AOJ will consider any additional evidence and obtain an addendum medical opinion from the September 2020 VA examiner.

The Board has remanded the cases for a new opinion regarding the etiology of any currently diagnosed knee disability, as the previous opinion was inadequate.

The Veteran's initial disability ratings for right knee arthritis and left knee chondromalacia have been denied as his knee conditions do not meet the criteria for a higher rating.

The Board has remanded the claims for higher staged initial ratings for acquired psychiatric disorder, left knee limitation of extension with degenerative joint disease, meniscal tear, anterior cruciate ligament tear, and scar, right knee limitation of extension with degenerative joint disease, meniscal tear, anterior cruciate ligament tear, and scar, and entitlement to a total disability rating for compensation purposes due to individual unemployability (TDIU) due to insufficient evidence in the record.

The Board has remanded the claims for increased ratings for lumbar spine and bilateral knee disabilities, as well as the claim for a total disability rating based on individual unemployability (TDIU). The VA examinations were not adequate in addressing pain during range of motion testing. Additional evidence is needed to determine if there is any loss of function due to pain.

The Board has granted service connection for right knee patellofemoral pain syndrome, right elbow strain, and right shoulder strain based on the benefit of the doubt doctrine. The Veteran's chronic symptoms were reported during service and continued post-service.

The Veteran's claims for an earlier effective date for TDIU, increased rating for allergic rhinitis, and service connection for a right knee disability were denied. The Board found that the Veteran was not in marginal employment with a protected environment, thus his claim for TDIU could not be granted earlier than October 20, 2017. For the allergic rhinitis claim, the evidence did not show polyps, which is required for a higher rating. Regarding the right knee disability, the Board found that there was no causal relationship between the condition and service-connected disabilities.

The Veteran's claim for an initial compensable rating for service-connected allergic rhinitis has been denied.,Service connection for bilateral hearing loss was also denied.

The Veteran's left knee disability with hyperextension and instability is currently rated at 20 percent, effective March 1, 2023. The Board has granted an additional one month of SMC for convalescence through March 31, 2023.,Service connection for a respiratory disability remains pending as the appeal was remanded.

The Board has dismissed the appeal of service connection for left knee disability as a matter of law due to procedural issues.

The Veteran's claims for left and right knee disabilities, bilateral hearing loss, ovary disability, PTSD, and headaches have been dismissed as moot due to the issuance of a July 2023 rating decision granting these conditions.,No current diagnoses were found for the claimed ovary disability, PTSD, or headaches.

The Board has denied service connection for left, right knee conditions and lower back condition. The Veteran's claims for bilateral hearing loss, tinnitus, asthma, rhinitis, and sinusitis are remanded due to the need for VA examinations.

The Veteran's right and left knee disabilities, as well as pansinusitis and rhinitis, were granted service connection effective from September 23, 2019.,Pansinusitis and rhinitis are presumed to be related to the Veteran's military service in Kuwait.

The Board has decided to remand the veteran's claims for service connection due to incomplete STRs and the need for VA examinations. The AOJ must attempt to obtain all missing STRs, provide the veteran with VA examinations for his knee disabilities and pseudofolliculitis barbae, and then readjudicate the claims.

The Veteran's appeal for an increased rating in excess of 10 percent for his service-connected left knee disability is denied. A separate 10 percent rating for symptomatic removal of semilunar cartilage of the left knee is granted.

The Veteran's appeal is remanded for further development regarding service connection claims for lumbar and cervical spine disabilities. The effective dates for the increased ratings of left and right knee instability and arthritis are granted.

The Board has remanded the Veteran's claims for service connection for bilateral hand and knee degenerative arthritis due to insufficient evidence in STRs or current treatment records, and a new examination is required.

The Board has granted service connection for left and right knee osteoarthritis, effective from April 16, 2022. The decision is based on the Veteran's in-service injuries and his current diagnoses.

The Board has denied the Veteran's claims for service connection for various knee, ankle, and foot disorders as there is no evidence of a current disability related to service.