Knee decisions — 2024

The Veteran withdrew his appeal for service connection of a right knee disability, and the Board has dismissed the case.

The appeal for increased disability ratings for bilateral pes planus, tinnitus, left knee arthritis, and left knee instability is dismissed due to the Veteran's death.

The Veteran's claim for a higher rating for her left knee sprain with patellofemoral syndrome and limitation of motion is denied. However, she is granted a separate 10 percent rating for the same condition based on slight instability.

The Board has denied the Veteran's claims for increased ratings for his right and left knee disabilities, but has remanded the claim for total disability rating based on individual unemployability (TDIU).

The Board has decided that the Veteran's left knee disability is service-connected, but has remanded the right knee issue due to a duty-to-assist error.

The Board has granted service connection for the Veteran's left knee patellofemoral syndrome, finding that it is related to active duty service.

The Board denied service connection for fibromyalgia, gastroesophageal reflux disease (GERD), and right knee strain. The claims for BPPV/dizziness and left knee strain were not addressed due to the lack of medical opinions.

The Veteran withdrew his appeal, citing receipt of a 100% rating and believing he is properly rated.

The Board has decided to remand the case due to a lack of contemporaneous medical evidence for the Veteran's left knee surgery. The AOJ is required to obtain private treatment records from Dr. Manuel and St. David's Medical Center.

The Veteran's right knee disability was evaluated at 20 percent, effective June 19, 2002. The rating reduction from 20 percent to 10 percent for the right knee disability was void ab initio due to inadequate examination reports and restoration of a 20 percent rating is granted.

The Board denied the Veteran's claim for an initial disability rating in excess of 10 percent for his right knee meniscus tear status post meniscectomy, finding that the evidence did not support a higher evaluation.

The Board has granted a 60 percent rating for the right total knee replacement (TKR) and dismissed the appeal regarding the proposed discontinuance of a separate 10 percent rating for right knee DJD.

The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not render him unable to secure or maintain substantially gainful employment during the period on appeal.

The Veteran's claim for an increased rating for his right knee scar is being remanded due to a duty-to-assist error in the June 2020 supplemental claim HLR decision. The AOJ will need to obtain an adequate VA medical opinion regarding the current severity of the Veteran's right knee scar.

The Veteran's claims for lumbosacral strain, right knee disability, left knee disability, and kidney failure have been granted. The Board found that the evidence is approximately balanced to show these conditions are etiologically related to service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded as there was an error in the duty to assist and AOJ errors.

The Veteran withdrew his claims for increased ratings and service connection, resulting in the dismissal of all appeals.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, leading to a grant of SMC based on the need for aid and attendance.

The Veteran's bilateral hearing loss disability is rated at 0 percent, and the Board denied an initial compensable rating.,The Veteran's TDIU claim was also denied as he did not meet the schedular criteria for consideration of a TDIU.

The Board has dismissed all the issues of service connection for various conditions and symptoms, including back pain, chronic fatigue syndrome, sleep apnea, skin rash/condition, bilateral feet condition, fibromyalgia, left knee condition, right knee condition, IBS, pseudofolliculitis barbae, cardiovascular disease, diabetes mellitus II, hypertension, and male erectile disorder. The Veteran requested the withdrawal of all issues on appeal.