Knee decisions — 2024

The Board has determined that the claims for service connection of bilateral knee condition, back disability, headaches, and acquired psychiatric condition are remanded due to a duty-to-assist error.

The appeals of entitlement to service connection for various shoulder, cervical spine, ankle, knee, hip, and thoracic spine disabilities have been dismissed as the Veteran withdrew his claims during a hearing. The right ear disability appeal is also dismissed.

The Board has dismissed the Veteran's appeals of service connection for neck disability, back disability, right knee fracture, and right thigh fracture as they were already pending in the legacy system.

The Veteran's appeal for service connection for right knee pain and scars has been dismissed due to the death of the appellant.

The Veteran's appeals for increased ratings were denied across multiple conditions, including IBS, left shoulder disability, knee disabilities, and varicose veins. The Board found that the evidence did not support higher ratings under applicable diagnostic codes.

The Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) is denied. The effective date of the TDIU award is set at May 28, 2014, as this was the date VA received her formal application.

The Veteran's chronic sinusitis is granted an increased rating of 10 percent, but the effective date for this increase is denied. The Veteran's left knee osteoarthritis does not meet the criteria for a prior effective date before August 1, 2020.

The Board has remanded the Veteran's claims for service connection for osteoarthritis of the left and right knees due to a failure to provide a VA examination, as required by McLendon v. Nicholson.

The Veteran's service-connected disabilities require the care or assistance of another on a regular basis, and the Board has granted entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance.

The Veteran's right knee ITBS and sprain is currently rated as 10 percent disabling. The Board has decided to remand the case for further evaluation due to inconsistencies between the Veteran's reported symptoms and clinical findings.

The Veteran's claims for service connection and secondary service connection have been granted. The effective dates are not specified, but the decisions indicate that these benefits were awarded as of January 27, 2017 (for diabetes) and June 8, 2018 (for other conditions).

The Board has remanded the claims for service connection for bilateral hearing loss, tinnitus, and an acquired psychiatric disorder to include PTSD due to a lack of adequate notice regarding scheduled VA examinations. The Veteran's current left knee disability is denied as there is no evidence showing it began during active service or is otherwise related to in-service injury.

The Board has decided to remand the case due to errors in obtaining relevant treatment records and for a new opinion regarding the etiology of the Veteran's right knee disability. The appeal will be reconsidered with these corrections.

The Veteran's major depressive disorder was rated at 50% initially but is now rated at 70%, effective November 3, 2017.,Right knee contusion and instability were both granted service connection with an effective date of June 19, 2018.

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation on a schedular basis from April 29, 2020. The Board has granted TDIU effective that date.

The Veteran's eligibility for PCAFC benefits is being remanded due to the need for personal care services, as determined by VA medical providers. The decision on whether the program is in his best interest will be reconsidered.

The Board has denied the Veteran's claims for service connection for a left knee condition and right foot pain, finding that there is no evidence linking these conditions to his military service.

The Veteran's initial compensable rating for residuals of a fracture to the right 5th metacarpal is denied.,Service connection for gout is denied as there was no in-service occurrence and no nexus between current condition and service.,Service connection for left knee condition and right knee condition are both denied due to lack of evidence linking current conditions to service.,The Veteran's hypertension claim is remanded for a VA examination.

The Board has denied the Veteran's claims of service connection for right knee, right hip, left hip, right ankle, and left ankle disabilities due to a lack of evidence showing these conditions began during or are otherwise related to active service.

The Board has decided to remand the case due to a scheduling error and the Veteran's failure to report for a VA examination. The Veteran is required to cooperate in the development of his claim, including attending scheduled examinations.