Knee decisions — 2024

The Board has decided to remand the Veteran's claims for service connection for cervical spine, left elbow, and left knee conditions due to errors in obtaining necessary medical opinions and records.

The Veteran's TDIU claim was granted with a July 23, 2018 effective date. The Board found that the evidence showed she had been continuously employed since January 2016 and her service-connected disabilities prevented her from securing or following any substantially gainful occupation.

The Board has decided to remand the case due to an inadequate aggravation medical opinion, and a new one must be obtained.

The Veteran's service-connected disabilities, including fractures and degenerative joint diseases of the knees, back, hips, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation for the entire period on appeal. The Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Board has granted service connection for left hip osteoarthritis, right hip osteoarthritis, and left knee degenerative arthritis as secondary to the Veteran's service-connected mild plantar fasciitis, effective June 12, 2019.

The Board has remanded the Veteran's claims for service connection for various musculoskeletal and urinary disabilities, including bladder disability secondary to PTSD. The cases are being sent back for additional medical opinions regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for neck, right arm, left ankle, bilateral hip, and bilateral knee conditions due to insufficient medical opinions based on lack of in-service treatment records. The Veteran is advised to submit or identify any relevant evidence.

The Veteran's right knee osteoarthritis is currently rated at 10 percent, but the Board finds that a higher rating is not warranted due to limited motion of 10 degrees of extension.,The Veteran's semilunar cartilage removal of the right knee has been granted a 10 percent rating based on frequent episodes of joint pain and effusion.

The Board has remanded the claims for neck, back, bilateral shoulder, right elbow, right knee, and bilateral ankle conditions due to a lack of examination and incomplete medical records. The Veteran's statements about injuries sustained during service are considered credible.

The Board has determined that there is no evidence of a current disability for any of the claimed conditions, and thus service connection cannot be granted.

The Board has granted service connection for the Veteran's back condition with arthritis, but as the effective date is post-dates the filing of the claim in this appeal, the Board will grant service connection to allow the AOJ to review the effective date. The claims for left knee disability and right knee disability are remanded due to pre-decisional duty to assist errors warranting addendum opinions.

The Board has dismissed the claims of service connection for allergies, IBS, headaches, and a sinus disability. The claims of service connection for left knee tendinitis and a feet disorder have been remanded due to duty to assist errors.

The Veteran's appeal of whether a timely request for a Higher-Level Review was received for the September 2017 and October 2017 rating decisions denying service connection for Lyme disease, kidney stones, heat exhaustion, right knee strain, and abnormal liver function tests is denied.

The Veteran withdrew their appeal for service connection of a left knee disability, and the Board has dismissed this case.

The Veteran's claim for an effective date of February 1, 2018, but not earlier, for service connection for a back disability is granted. The Veteran also received increased ratings for various conditions and remanded issues.

The Veteran's PTSD with unspecified depressive disorder, migraine headaches, back disability, left knee limitation of flexion, left shin splints, GERD, nephrolithiasis, PFB, and ED are all rated at the maximum available rating (50%) for each condition.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's claimed left knee disability, as the AOJ did not perform any additional development regarding this issue.

The Board has determined that the VA examinations provided for these claims are inadequate and remands them to obtain new evaluations. The Veteran's right knee conditions, including meniscal tear with degenerative arthritis and instability, as well as his right wrist sprain with nonunion of styloid process fracture and left wrist sprain with post-traumatic arthritis, require further assessment.

The Board has remanded the case due to inadequate examination and a need for further evaluation of the Veteran's left knee patellofemoral syndrome.

The Veteran's GERD is granted with a 30 percent evaluation. The claims for service connection of left knee and right shoulder strain are remanded.