Knee decisions — 2024

The Board has dismissed the Veteran's appeals regarding a higher disability rating for right knee instability and an earlier effective date. The issues are currently pending in the post-remand legacy appeal stream.

The Board has determined that the AOJ made a duty to assist error in failing to obtain a medical opinion regarding the relationship between the Veteran's service-connected left knee disability and his right knee condition. The case is being remanded for further action.

The Veteran's claims for bilateral wrist strain, right ankle strain, lumbosacral strain, and right knee strain are being remanded due to the need for additional medical opinions regarding their etiology.

The Board has decided to remand the claims for bilateral knee degenerative arthritis as there was a duty to assist error in the May 2021 rating decision. The Veteran needs to be examined again and his left knee meniscal condition should be evaluated in relation to his service-connected degenerative arthritis.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors, and additional medical opinions are needed regarding the etiology of his claimed disabilities.

The Board has decided to remand the Veteran's claims for increased ratings for his right knee and back disabilities due to incomplete examination reports. The Veteran will need a new VA examination to assess the severity of these conditions.

The Board has remanded the claims for service connection for right knee strain and osteoarthritis of the left knee due to a duty to assist error. The Veteran's current knee disabilities are presumed to have existed prior to service, but the presumption has not been rebutted by clear and unmistakable evidence.

The Board has remanded the Veteran's claims for a back disability, right knee disability, left knee disability, unspecified depressive disorder, and anxiety due to potential service connection issues.,The VA examination was inadequate in addressing whether the Veteran's acquired psychiatric disabilities are aggravated by a service-connected condition.

The Board denied entitlement to a disability rating in excess of 10 percent for left knee osteoarthritis and right knee osteoarthritis.

The Veteran's claim for SMC at the housebound rate prior to November 4, 2013 was denied as he did not have a single service-connected disability rated at 100 percent before that date.

The Board denied the Veteran's claims for earlier effective dates for TDIU and DEA benefits, finding that her service-connected disabilities did not render her unemployable prior to May 30, 2012.

The Veteran's service-connected disabilities did not meet the criteria for financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only. The claim for SMC based on the need for regular aid and attendance was also denied as there was no evidence of needing regular aid and attendance due to his service-connected conditions.

The Board has remanded the Veteran's claims for service connection due to a lack of adequate medical examination and opinion regarding her claimed psychiatric disorders, right ankle, bilateral knee, and right wrist disabilities. The Veteran is also being asked to provide additional evidence within 90 days.

The Board has determined that the Veteran's left knee and lumbar spine conditions are proximately due to or aggravated by his service-connected right knee condition, granting secondary service connection for both.

The Board has remanded the Veteran's claims for hypertension, mitral valve regurgitation, lumbar spine condition, left knee condition, and right knee condition due to a failure to obtain his service treatment records (STRs) and because of an incomplete duty to assist. The Veteran is also being asked to undergo VA examinations to determine if any of these conditions are related to active service.

The Veteran's cervical spine strain with IVDS, left upper extremity radiculopathy, right upper extremity radiculopathy, right shoulder strain with impingement syndrome, and left knee strain with patellofemoral pain syndrome and status post knee cartilage restoration surgery are all granted.,Service connection is established for these conditions based on their onset during active service.

The Board has granted service connection for obstructive sleep apnea, finding that it was caused by weight gain from the Veteran's service-connected psychiatric disorder and musculoskeletal disorders.

Effective dates of December 23, 2014, for left and right knee osteoarthritis, and November 15, 2017, for a left knee scar are granted. TDIU and DEA benefits prior to December 27, 2019, are remanded.

The Veteran's right ankle fracture is granted a 10% rating, but no more. Service connection for IBS and sinusitis are denied.

The Veteran withdrew all issues on appeal, including the claims for increased ratings for TMJ, left knee sprain, and PTSD. The Board has dismissed these matters as a result.