Knee decisions — 2024

The Veteran's claim for a TDIU prior to July 26, 2018 is being remanded due to insufficient evidence meeting the criteria under 38 C.F.R. § 4.16(a) and because there is reasonable possibility that he was unemployable by reason of his service-connected disabilities.

The Board has remanded several issues for further development, including evaluations for various disabilities and service connection claims.

The Board has dismissed the appeals for increased ratings in excess of 20 percent for traumatic arthritis of the left elbow, left elbow osteoarthritis, and a right knee disability with limitation of flexion. The Veteran's appeal for an increased compensable rating for right knee instability is remanded. Appeals for increased ratings in excess of 10 percent for left lower extremity sciatic neuropathy and right lower extremity sciatic neuropathy are also remanded. The TDIU claim is deferred pending adjudication of the above-mentioned issues.

The Board has decided to remand the case due to inadequate examination and potential new evidence, as well as the need for a TERA examination.

The Board has granted entitlement to a disability rating of 10 percent prior to April 5, 2012, for right knee instability and entitlement to a disability rating of 10 percent prior to September 30, 2011, for left knee instability.,However, the issues regarding ratings in excess of 10 percent for traumatic degenerative joint disease, right knee, prior to April 5, 2012, and for traumatic degenerative joint disease, left knee, prior to September 30, 2011, are being remanded due to insufficient VA opinions.

The Veteran's knee disabilities require regular assistance in accomplishing routine activities of daily living, leading to the grant of SMC at the aid and attendance rate. The issue of entitlement to SMC based on housebound status is moot.

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors in not obtaining opinions on whether his current disabilities are related to his service-connected right knee disability, and for a comprehensive mental health examination.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions regarding her left knee, hip, and other conditions.,The Veteran's claims for chronic fatigue syndrome (CFS), fibromyalgia, chronic coughing, acne, menstrual condition, and bilateral shin splints are being remanded as she has not provided clarification on which specific joints her claim relates to.

The Veteran's right knee extension and flexion have been granted service connection effective August 15, 2018. A compensable rating for right knee extension from August 15, 2018 is denied. Service connection for right knee instability is also granted effective August 15, 2018.

The Board has determined that the claims for service connection of right elbow, left elbow, right knee, left knee, and right ankle conditions must be remanded due to duty-to-assist errors.

The Board has determined that there was a pre-decisional duty-to-assist error and the case is being remanded to obtain an addendum opinion regarding the Veteran's claims of left elbow strain and right knee strain.

The Veteran's right knee disability is rated at 10 percent, and service connection for deep vein thrombosis of the right leg is granted. The rating in excess of 10 percent for the right knee disability is denied.

The Board has decided to remand the Veteran's claims for service connection for cervical spine, right shoulder, left shoulder, left knee, and right knee disabilities due to inadequate rationale in the VA examiners' opinions regarding continuity of symptomatology since service.

The Board has remanded the case due to inadequate VA examination and opinion regarding service connection for hypertension. The Veteran's hypertension is being evaluated in relation to his service-connected bilateral knee DJD, but the examiner did not address whether the Veteran's above normal blood pressure readings were related to his service or if they were aggravated by his service-connected condition.

The Veteran's appeals for service connection for PTSD and right knee were dismissed as the VA Form 10182 was untimely filed.

The Veteran's claims for earlier effective dates for the grants of service connection for various knee conditions, tinnitus, hearing loss, and erectile dysfunction have been denied. The effective dates assigned in previous decisions are maintained.

The Veteran's claim of entitlement to a TDIU is being remanded due to the inextricability with other pending claims for service connection. The issues of prostate cancer and anxiety, depression, and posttraumatic stress disorder are also being remanded.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's right knee condition, specifically whether it is related to his service-connected back condition.

The Veteran's bilateral hearing loss is denied as there is no evidence of in-service noise exposure or a current disability related to service.,The Veteran's left knee condition is denied due to lack of medical evidence linking the current diagnosis to his active duty service.,The Veteran's right knee condition is denied because there is no current diagnosis and no evidence of an in-service injury, event, or illness that could have caused a chronic right knee disability.,The Veteran's residual laceration on the right hand does not meet the criteria for a compensable rating under applicable VA regulations.