Knee decisions — 2024

The Veteran's initial ratings for right and left knee instability have been granted.,Both the initial rating of 20 percent for each knee are granted.

The Veteran's claims for increased ratings of his left and right knee degenerative arthritis have been denied by the Board, as both knees currently meet the criteria for a 10 percent evaluation.

The Veteran's right knee surgical scars are not manifest by an area or areas of 144 square inches (929 sq. cm.) or greater, and thus do not warrant a compensable rating under Diagnostic Code 7802.,One painful right knee surgical scar warrants a 10 percent disability rating under Diagnostic Code 7804.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected anxiety and depressive disorder, right knee disability, and left knee disability. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's emergency medical care at Hampshire Memorial Hospital on October 17, 2022 is eligible for payment under VA regulations due to the favorable findings in a previous authorization. The Veteran's other health insurance (Medicare A) did not fully cover the costs.

The Veteran's claims for increased ratings for bilateral knee and left ear hearing loss were denied. The maximum schedular rating of 20% was assigned for both knees, and the noncompensable rating (0%) was maintained for his left ear hearing loss.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations. The issues of service connection for psychiatric disability, urinary tract disability, increased rating for back disability, and right foot plantar fasciitis are pending.

The Veteran's rhinitis, seizure disability (temporal lobe epilepsy), migraine headaches, alcohol use disorder, opioid use disorder, cannabis use disorder, chronic fatigue syndrome, obstructive sleep apnea, eczema, and muscle and joint pain of the lower back, bilateral hands, feet, knees, and hips are all granted presumptively based on service in Southwest Asia. The Veteran's PTSD is also granted with an initial rating of 70 percent from May 21, 2014 to February 27, 2020.

The Board has remanded the Veteran's claims for service connection for bilateral wrist and knee disabilities due to duty-to-assist errors. The Veteran is seeking service connection for carpal tunnel syndrome of both wrists and knee disabilities, including pes planus and degenerative joint disease.

The Board has remanded the issues of service connection for low back disability, left shoulder disability, left knee disability, and right knee disability due to insufficient evidence or procedural deficiencies.

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

The Board has determined that the Veteran's service-connected right and left knee patellofemoral syndrome should be remanded due to a pre-decisional duty to assist error in obtaining relevant treatment records. The Veteran reported worsening of his right knee symptoms due to compensating for pain in his left knee.

The Board has remanded the claims of service connection for obstructive sleep apnea and erectile dysfunction, as well as the claim for special monthly compensation based on loss of use of a creative organ due to new evidence received.

The Veteran's request to readjudicate the claim for service connection for his right knee condition is granted. The Board has identified two duty to assist errors and finds sufficient evidence to readjudicate the Veteran's claim, but remands the case due to inadequate VA examinations and incomplete service treatment records.

The Veteran's bilateral hearing loss disability has not been rated higher than noncompensable.,The Veteran's right knee joint osteoarthritis with limited flexion does not meet the criteria for a compensable rating.

The Veteran withdrew his appeal regarding the claim of entitlement to service connection for left knee replacement.

The Veteran's appeals for service connection were denied as there was no new and relevant evidence presented to support the claims.

The Veteran's right knee strain with tendonitis/tendinosis and instability have been granted a rating of 30 percent for limitation of extension, effective from December 4, 2019. A separate 10 percent rating has also been granted for right knee instability.

The Veteran's left knee instability is granted a separate rating of 10 percent, but no higher. The increased rating for left knee degenerative joint disease remains denied.

The Board has granted service connection for left knee arthritis, low back condition, and right sciatica. The evidence shows that the Veteran's conditions are related to his military service, particularly due to the number of jumps he performed as a paratrooper.