Knee decisions — 2024

The Board has determined that the Veteran's left knee strain and meniscal tear are service-connected, as there is at least an equipoise of evidence supporting this conclusion.

The Veteran's asthma, left knee arthritis, right knee arthritis, and right knee instability conditions are not rated higher than the current assigned ratings due to lack of supporting evidence for increased evaluations.

The Board has remanded the claims for service connection due to a duty to assist error, requiring additional medical opinions on whether the Veteran's disabilities are aggravated by his service-connected conditions.

The Board has denied the Veteran's claims for service connection for right knee condition, left knee condition, and low back pain. The decision is based on a lack of current diagnoses or evidence linking these conditions to service.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected primary insomnia disorder, right shoulder ac joint and glenohumeral joint degenerative joint disease, degenerative joint and disc disease, lumbosacral spine with compression deformity and degenerative arthritis, left knee retropatellar pain syndrome, right knee retropatellar pain syndrome, s/p left elbow sprain, left middle finger proximal interphalangeal joint dislocation, and right wrist s/p scapholunate ligament tear. As such, the Veteran's claim for service connection is granted.

The Board has dismissed the appeals for service connection of various conditions including right knee disability, left knee disability, right ankle disability, left shoulder disability, inguinal hernia, pancreatitis, and rotator cuff tendonitis due to the Veteran's death.

The Board has granted service connection for a right ankle disability and a right knee disability, finding that the Veteran's current conditions are related to injuries sustained during active military service.

The Board has determined that the Veteran's current left knee disability is etiologically related to his active service, and therefore grants entitlement to service connection for this condition.

The Board has granted service connection for low back degenerative arthritis, left hip strain disability, right hip strain disability, and left knee disability as secondary to the Veteran's already service-connected right knee disability.

The Veteran's appeal for service connection for a left knee condition has been dismissed as the Veteran withdrew his appeal prior to the promulgation of a decision.,An initial compensable rating for the Veteran's service-connected left fifth finger scar is denied. The Board found that the evidence did not support an increase in the disability rating at this time.,The Veteran's claim for an initial compensable rating for his service-connected left fifth finger degenerative arthritis is remanded due to a lack of a VA examination addressing any associated neurological conditions.

The Board has determined that new and relevant evidence has been added to the record, warranting readjudication of the claim for service connection for a right knee condition. However, due to duty to assist error in the March 2020 VA examination, the case is remanded for another VA examination.

The Veteran's claim for an effective date of September 13, 2019, for service connection of a painful left knee scar is granted. The Board found that the Veteran continuously pursued his claim since September 13, 2019, and there was evidence supporting finding that his left knee scar has been painful since that date.

The Board has found that the Veteran's service treatment records did not contain complaints, treatment, or diagnosis of a knee condition. Therefore, a link between the Veteran's medical condition and military service was not found because his knee condition pre-existed service. The claim is being remanded to obtain an adequate medical opinion for the Veteran's right and left knee conditions.

The Veteran's claims for increased ratings of his service-connected left knee, right knee, and lumbar spine disabilities are being remanded due to inadequate examination reports and the need for clarification regarding flare-ups.

The Board has remanded the claims for clothing allowances due to a lack of evidence in the record, including the Veteran's prosthetics records and AOJ decisions. The claim must be returned to the AOJ with all relevant documents.

The Board has granted service connection for right knee condition, left knee condition, back condition, and generalized anxiety disorder. The conditions are related to the Veteran's active-duty service.

The Board has granted service connection for an amputation below the right knee as secondary to a service-connected right ankle disability, resolving reasonable doubt in favor of the Veteran.

The Veteran's claims for increased ratings were denied as the combined disability rating exceeded the maximum allowable under the amputation rule. The GERD claim was also denied.

The Board denied the Veteran's claim for a TDIU based on a single service-connected disability, finding that neither his right knee nor left knee disabilities alone have precluded him from gainful employment during the period on appeal.

The Board has remanded several claims related to the Veteran's left knee disability and postoperative scars, including entitlement to higher ratings and an earlier effective date for TDIU. The appeal is also dismissed due to the grant of CUE in a prior rating decision.