Knee decisions — 2024

The Board has granted service connection for OSA as secondary to the Veteran's service-connected adjustment disorder with mixed anxiety and depressed mood disorder and left knee disability, with obesity being an intermediate step in its development.

The Board has granted service connection for the Veteran's right knee disability manifested by pain, finding that there is approximately even evidence to support a nexus between the current condition and active service.

The Veteran's left knee condition, including insertional tendinitis of the iliotibial band and symptomatic plica, is rated at 10 percent effective November 27, 2020. The separate rating for patellar instability as a residual of these conditions remains at 10 percent.

The Veteran's left shoulder strain, gastroenteritis, Crohn's disease, paroxysmal abdominal pain, and left knee disability manifested by pain are all granted as service-connected.,PTSD is also granted with an initial 100% rating from January 21, 2019.

The Board denied service connection for left and right knee disorders, as well as a back disorder. The Veteran's knee strains are not considered related to his service.,Service connection was also denied for a left leg disorder other than the knee strain, and a right leg disorder other than the knee strain and sciatica.

The Veteran's appeal was granted due to the VA not sending the SOC to the correct representative, which effectively deprived him of representation. The 60-day timeliness requirement for filing a substantive appeal is waived.

The Veteran's right hip disability is granted as secondary to his service-connected lumbar spine, bilateral knee, and left ankle disabilities.,Service connection for diabetes mellitus type II is remanded due to the need for a VA examination.

The Veteran's claim for an increased rating in excess of 10 percent for post-traumatic arthritis left knee disability from October 22, 2019 to January 10, 2020 is denied. The Veteran's claim for an initial compensable rating for right knee scars is granted.

The Board has denied the Veteran's claims for service connection for right knee osteoarthritis and an initial compensable rating for left ear hearing loss. The evidence did not support a finding of in-service injury or disease, nor could it establish continuity of symptomatology since service.

Your claims for service connection regarding left shoulder, left hand, right hand, right foot, and right knee have been dismissed as they are already pending under the Legacy review system.

The Board has remanded the appellant's claims for service connection due to new and relevant evidence submitted in a supplemental claim. The AOJ must associate private treatment records with the claims file and reconsider whether these records are relevant for readjudicating the claims.

The Board has remanded the claims of cervical spine, right knee, and left knee disabilities due to duty-to-assist errors in obtaining adequate examinations and opinions. The Veteran's flare-ups need to be addressed for his cervical spine disability, and the relationship between his bilateral knee disabilities and service needs to be clarified.

The Board has remanded the Veteran's claims for cervical spine strain, right shoulder strain, and left knee injury as they were not adequately addressed in the previous examinations due to inadequate consideration of flare-ups.

The Veteran's TDIU claim is granted from February 26, 2018 to April 6, 2020. The Board found that the Veteran was unable to secure and follow a substantially gainful occupation due to her service-connected disabilities including PTSD, migraines, and left knee disability.

The Veteran's service connection claims for left ankle arthritis, right ankle arthritis, left knee arthritis, and right knee arthritis have been granted. Service connection has also been granted for a right shoulder torn rotator cuff. The claim of entitlement to service connection for a right arm bicep tear is denied.

The Board found that the January 2007, June 2009, and December 2010 rating decisions did not contain clear and unmistakable error in failing to assign a separate evaluation for left knee instability. The April 2018 decision severing the separate 10% evaluation for degenerative joint disease of the left knee was also found to be proper. As such, the earlier effective date claim is denied, but the rating for degenerative joint disease of the left knee is restored.

The Veteran's initial rating for a left knee disability is denied, but he receives an initial 30 percent rating for his psychiatric condition.

The Board has readjudicated the Veteran's claims for service connection for right and left knee osteoarthritis due to new evidence received after the previous denial. The Board found that the evidence is relevant but not sufficient to establish service connection.

The Board has readjudicated the Veteran's claims for service connection for right and left knee osteoarthritis due to new evidence received after the previous denial. The Board found that the evidence is relevant but not sufficient to establish service connection.

The Veteran's appeal for increased ratings and effective dates was denied. The Veteran is not entitled to an initial disability rating in excess of 10 percent for a right knee disability, or a compensable disability rating for bilateral hearing loss.