Knee decisions — 2024

The Veteran's right knee strain was granted an increased rating of 30 percent effective November 30, 2017. The Board found that the Veteran had been entitled to this rating since at least November 30, 2017.

The Veteran's claims for earlier effective dates and increased ratings have been dismissed due to the Veteran's withdrawal of these claims.

The Veteran's claim for an effective date earlier than March 12, 2020 for the award of a total disability rating based on individual unemployability (TDIU) was denied. The Board found that no portion of the increase in his service-connected disabilities occurred within one year prior to the date of his claim.

The Board has decided to remand the case due to inadequate examination and need for further evaluation of the Veteran's right knee conditions, including their relationship to service and any service-connected disabilities.

The Board has decided to remand the case due to inadequate medical opinion regarding the Veteran's right knee condition. The case will be reviewed again with a new examination and opinion.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected chondromalacia patella of the left knee, finding that obesity, a result of his service-connected knee disorder, was a substantial factor in causing his OSA.

The appeal for an earlier effective date for the award of service connection for left knee scar, left knee gonoarthritis, and right knee osteoarthritis is dismissed due to the Veteran's death.

The Veteran's appeal is remanded due to duty-to-assist errors, and he needs new examinations for his service-connected right foot and peripheral nerve disabilities as well as his right knee and hip disabilities.

The Veteran's claims for service connection were denied. The Board found that the claimed conditions did not manifest in service or within one year of separation, and are not proximately due to, the result of, or aggravated by a service-connected disease or injury.,For accrued benefits purposes, the Veteran was not granted service connection for any of his claimed disabilities.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, GERD, IBS, right and left knee disabilities, sleep apnea, and an acquired psychiatric disorder have been remanded due to insufficient evidence or further clarification needed.

The Veteran is granted TDIU and SMC from November 20, 2020 due to his service-connected Major Depressive Disorder. The effective date for these benefits is set as of the date he filed his VA Form 21-8940 application.

The Board has denied service connection for various knee, ankle, foot, and neurological disorders as well as a psychiatric disorder and high blood pressure. The evidence does not show current disabilities of these conditions.

The Veteran's claims for increased ratings for right knee instability and flexion have been denied as the evidence does not show a factually ascertainable increase in disability within one year before the date of her claim.

The Veteran's claim for service connection for a right knee disability is denied as there is no evidence of current disability or in-service event.,The Veteran's claims for earlier effective dates for left knee and bilateral hearing loss are denied as the earliest date of claim is June 21, 2018.,The Veteran's initial rating for painful motion of the left knee is denied. A separate 10 percent rating for instability of the left knee is granted.,The Veteran's initial compensable rating for bilateral hearing loss is denied.

The Board is remanding the claims for service connection for various disabilities due to duty-to-assist errors and new evidence submitted by the Veteran.

The Board has denied the Veteran's claims for service connection for right knee disability, left knee disability, and hepatitis C due to lack of evidence showing a direct relationship between these conditions and his military service.

The Board has remanded the cases for further development and consideration, including addressing claims related to effective dates and service connection on the basis of clear and unmistakable error (CUE).

The Veteran's appeal for an increased rating in excess of 10 percent for right knee instability was dismissed due to procedural issues. The claims for service connection for left elbow disability, onychomycosis, and impairment of the right tibia were remanded.

The Veteran's right knee patellofemoral pain syndrome is granted an increased disability rating of 30 percent, effective from April 10, 2014. A separate disability rating of 10 percent for right knee instability and a TDIU are also granted.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not prevent him from obtaining or maintaining substantially gainful employment.