Knee decisions — 2024

The Board has decided to remand the case due to pre-decisional duty to assist errors and requires an opinion on whether the Veteran's left knee arthritis is related to service, including documented injuries during active duty.

The Board has granted service connection for left knee strain, right knee strain, left ankle strain, and right ankle strain. The Veteran's symptoms were present during service and continue to this day.

The Veteran's appeals have been dismissed due to his withdrawal of the appeal.

The Board has granted an effective date of December 10, 2019 for service connection of limitation of extension, right knee patellofemoral pain syndrome with arthritis. The Veteran's claim was based on a supplemental claim submitted in December 2019.

The Board has decided to remand the case due to a need for a VA examination regarding the Veteran's right knee strain. The examiner must determine if there is a link between the current condition and service.

The Veteran's claims for earlier effective dates for service connection of diabetes mellitus type II and right knee strain were denied as there was no new and material evidence received within the applicable appeal period.

The Board has remanded the claims for additional development due to missing VA treatment records.

The Board has determined that a VA examination is needed to determine if the Veteran's spouse requires regular aid and attendance due to her disabilities, as she cannot perform daily living activities without assistance.

The Board has granted service connection for an inguinal hernia and remanded the claim of entitlement to service connection for a right knee disability.

The Board has granted the Veteran's claims for service connection for right ankle and right knee conditions, finding that there is at least as likely as not a causal relationship between these conditions and his in-service injuries.

The Board has determined that the Veteran's left knee disability is related to his active-duty service and grants the claim for service connection.

The Veteran's appeal is remanded due to a pre-decisional error in not having a medical opinion regarding whether his service-connected disabilities result in loss of use of one or both feet, or ankylosis of one or both knees or hips. The Board finds the claim should be reconsidered with further examination and opinion.

The Veteran's service-connected bilateral pes planus, lumbar strain, migraines, arthritis (bilateral feet, knees, and hands as well as the left elbow), and sleep apnea are preventing him from securing or following any substantially gainful occupation.

The Veteran's service-connected disabilities prevent him from caring for himself and protecting himself, requiring regular aid and attendance. The Board has granted special monthly compensation based on the need for aid and attendance.

The Board has decided to remand the Veteran's claim for a right knee disability due to insufficient development and an inadequate opinion from the VA examiner. The case will be returned to the AOJ for further action.

The Veteran's right knee disability, diagnosed as degenerative joint disease of the right knee, is granted. The Veteran's bilateral hearing loss and tinnitus are denied.,For the entire period on appeal, the Veteran's left knee instability with degenerative arthritis status post ACL reconstruction/meniscectomy is granted a 30 percent rating.

The Veteran's appeal for a separate rating for LOM on extension of the left knee prior to July 23, 2020 was denied. The Veteran's appeal for an initial higher rating for non-LOM symptoms of the left knee disability starting from July 23, 2020 was also denied.,The Veteran's appeals for a higher evaluation for non-LOM symptoms of the left knee disability and TDIU based on schedular criteria prior to January 7, 2019 were both denied. The Veteran's appeal for TDIU based on extraschedular criteria starting from May 1, 2021 was remanded.,The Veteran's claim for an initial evaluation of 50 percent for his acquired psychiatric condition (PTSD) prior to January 7, 2019 was granted. The Veteran's claim for continuation of a 70 percent evaluation for PTSD beginning from May 1, 2021 was also granted.

The Board has decided to remand the Veteran's claims for left knee disability and pancreas disability due to inadequate VA examinations and a failure to obtain pertinent VA treatment records.

The Board has decided that the Veteran's left and right knee disabilities are not service-connected as secondary to his service-connected cervical and/or lumbar spine disabilities. The case is being remanded for further development.

The Veteran's tinnitus, bilateral hearing loss, acne vulgaris, scar from right knee surgery, and lumbosacral strain with spinal stenosis are all rated at the maximum allowed under VA guidelines. The Board has remanded for further review of these claims.,The Veteran's hearing loss is not compensable as it does not meet the criteria for a higher rating based on audiometric test results. His acne vulgaris and lumbosacral strain with spinal stenosis are also rated at their maximum allowed under VA guidelines, and the Board has remanded these claims.,The Veteran's scar from right knee surgery and scar from lumbar laminectomy do not meet the criteria for a compensable rating as they do not occupy an area of 929 square centimeters or greater.