Knee decisions — 2024

The Board has remanded the Veteran's claims of service connection for PTSD, depression, bilateral knee disabilities, and lumbar spine disability due to a duty to assist error. The Veteran must be provided with addendum opinions addressing his in-service stressors, injuries, and complaints.

The Veteran's appeal for a higher rating for left hip strain with bursitis is denied as he is already receiving the maximum schedular rating.,The Veteran's appeal for an initial rating in excess of 10 percent for right knee disability is remanded due to inadequate examination.

The Board has determined that new and relevant evidence has been received to readjudicate the claim for service connection for tinnitus. The Veteran does not have a current bilateral hearing loss disability for VA purposes, as his auditory thresholds do not meet the criteria for a disability under VA regulations.

The Veteran withdrew his appeal regarding the restoration of the effective date for service connection of left knee joint osteoarthritis with a meniscus tear, status post-arthroscopic surgery.

The Board has granted a temporary rating of 100 percent for left knee status post partial knee arthroplasty from December 19, 2016, to January 18, 2018. The Veteran's appeal regarding the subsequent disability rating and service connection for asthma is remanded.

The Veteran's appeal for increased ratings on his service-connected right hip and left knee disabilities, as well as a right hip scar, is dismissed because the issues are already pending final adjudication by the Board.

The Veteran's deep vein thrombosis (DVT) was restored to a 40 percent rating effective June 1, 2020.,Restoration of the 10 percent rating for right knee patella-femoral ligament instability and left knee patella-femoral ligament instability was granted effective June 1, 2020.

The Board denied service connection for plantar fasciitis of the left foot, patellofemoral pain syndrome (claimed as left knee pain), bilateral hearing loss, and tinnitus. The Board found that there was no evidence linking these conditions to service.,Service records did not show any complaints or treatment related to these conditions during or immediately after service.

The Veteran's service-connected disabilities, including his back and knee conditions and psychiatric disorder, prevent him from securing or maintaining gainful employment. The Board has granted a TDIU based on the combined rating of at least 70 percent.

The Veteran's claim for a temporary total disability rating based on surgical treatment necessitating convalescence is granted, as the surgery was performed to treat his service-connected right tibia and required at least one month of recovery.

The Board has remanded the Veteran's service connection claims for various conditions due to inadequate VA examinations and medical opinions. The issues include right knee disorder, left knee disorder, left foot disorder (also claimed as left Achilles), lumbar spine disorder, inguinal hernia, bilateral lower radiculopathy, and acquired psychiatric disorder.

The Board has denied the Veteran's claims of service connection for right knee, lumbosacral spine, left leg, and left hip disabilities due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The appeal has been dismissed due to the Veteran's death. The issues related to service connection and rating increases are not addressed as they pertain to a deceased Veteran.

The Board denied the Veteran's claims for service connection for left knee strain and right knee strain, finding that there is no evidence of a nexus between his current conditions and active duty service.

The Veteran's right knee complex tear of the lateral meniscus is related to her July 1998 fall from the tail of a C-130 aircraft. Service connection for this condition is granted. The Board also remanded cases involving left knee, right foot, left foot, and left shoulder disorders.

The Veteran's claim for a left knee condition is dismissed as the notice of disagreement was not timely filed.,Tinnitus has been granted service connection based on in-service noise exposure.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation since December 13, 2018.

The Veteran's claim for an initial rating higher than 30 percent for residuals of left total knee replacement from February 1, 2024 is denied as the evidence does not show chronic severe painful motion or weakness in the left lower extremity.

The Board has determined that a new and relevant evidence was received to reopen the Veteran's previously denied claim for service connection for a left knee disability. The Board is now remanding the case for further development, including obtaining an adequate VA examination.

The Board has determined that the VA scars examination obtained in June 2023 did not fully assess the Veteran's service-connected bilateral knee and bilateral great toe scars. Therefore, these claims are being remanded to provide a comprehensive VA scars examination.