Knee decisions — 2024

The Veteran is granted an earlier effective date of September 29, 2016 for the grant of Total Disability Based on Individual Unemployability (TDIU) and Basic Eligibility to Dependents' Educational Assistance (DEA).,An effective date of September 29, 2016 was assigned due to the Veteran's service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board has granted an effective date of May 22, 2012 for a 60 percent evaluation for service-connected left leg below knee amputation. This decision is based on the fact that the Veteran's condition worsened to such an extent within one year prior to his April 26, 2013 claim.

The Veteran's initial ratings for knee disabilities were denied as there was no clear and unmistakable error in the January 2020 rating decisions.

The Veteran's left knee disability, including osteoarthritis and instability, is now rated at 60 percent effective February 6, 2020. The Board also granted a TDIU as of that date.

The Veteran's right shoulder, left shoulder (secondary to right shoulder), right knee, and left knee disabilities are all found to have their onset in service.,Service connection is granted for the Veteran's right shoulder, left shoulder (to include as secondary to right shoulder), right knee, and left knee disabilities.

The Veteran's left knee instability and degenerative joint disease are granted, but a higher rating for the degenerative joint disease is denied. The right foot disability remains denied.

The Board has remanded the Veteran's claims of service connection for intervertebral disc syndrome of thoracolumbar spine and right knee arthritis due to pre-decisional duty-to-assist errors. A new VA examination is needed to determine if these conditions are related to service.

The appeal as to entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine with right hand radiculopathy is dismissed. The Veteran's TDIU and DEA benefits are granted from December 25, 2006 to May 1, 2012.

The Veteran's service-connected disabilities meet the schedular rating criteria for a TDIU, and his unemployability is due to his chronic pain conditions. The Board grants TDIU from September 15, 2020.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment due to his physical conditions, including knee, hip, and back issues.

The Veteran's bilateral knee disability is permanently and totally disabling, requiring the use of assistive devices for locomotion. As a result, he qualifies for specially adapted housing.

The Veteran's claim for an earlier effective date for TDIU and DEA is denied. The Board found that the criteria for an earlier effective date were not met, as the Veteran did not meet the schedular requirements for TDIU prior to December 8, 2020, and there was no evidence showing he was unable to secure or follow substantially gainful employment during the one-year lookback period.

The Veteran's appeals for service connection on all six issues have been dismissed due to procedural defects in the appeal process.

The Board has granted service connection for the Veteran's right knee degenerative arthritis and left knee degenerative joint disease, finding that these conditions are related to his active service.

The Veteran's service connection for tinnitus is granted. The initial evaluation in excess of 70 percent for PTSD is denied, but the claim is remanded due to issues with bilateral knee disorders.

The Board has dismissed the appeals for service connection of left hip condition, right shoulder condition, back condition, and left-hand condition. The appeal for service connection of right knee pain is remanded.

The Board has determined that there were duty to assist errors in the initial denial of service connection for obstructive sleep apnea and remands the case for further development.

The Board has remanded the claims of service connection for right knee pain, left knee pain, and chest pain due to new evidence received after the April 2021 decision.

The Veteran's appeal for higher ratings and service connection for various conditions has been remanded due to the need for additional medical opinions. The initial rating for migraines remains denied, while the claims for knee, foot, and shoulder conditions are being reconsidered.

The Veteran's service-connected right knee disability has rendered him in need of regular aid and assistance, including help with daily activities like dressing, cooking, cleaning, and bathing. The Board granted special monthly compensation (SMC) based on the need for regular aid and attendance.