Knee decisions — 2024

The Veteran's service-connected disabilities, including bilateral lower extremity idiopathic neuropathy, have resulted in the effective loss of use of both feet. The Board finds that this meets the criteria for eligibility to financial assistance for an automobile and adaptive equipment.

The Veteran's service-connected conditions have led to the need for regular aid and attendance, warranting SMC based on the need for aid and attendance. The issue of SMC at the housebound rate is dismissed as it is a lesser benefit than SMC based on aid and attendance.

The Board has denied the Veteran's claims for service connection for bilateral kidney condition, diabetes mellitus type II (diabetes), right hip condition, left hip condition, peripheral neuropathy of the left upper extremity, erectile dysfunction, and hypertension. The issues related to a right knee condition are being remanded.

The Board has found a predecisional duty to assist error due to the lack of information regarding the Veteran's functional ability and range of motion during flare-ups and after repeated use over time, as well as an inadequate review of his history of right knee instability. The case is being remanded for further examination.

Your annual clothing allowance for 2019 has been granted. The appeal is dismissed as the Veteran's claim was not properly filed prior to 2018 and no retroactive award can be made.

The Veteran's claim for service connection of a left knee condition and initial compensable disability rating for allergic rhinitis is granted. The Veteran is now entitled to a 10% disability rating for his service-connected allergic rhinitis, effective September 1, 2021.

The Veteran's combination of service-connected disabilities, including her acquired psychiatric disorder and bilateral knee and ankle conditions, has rendered her unable to secure or follow a substantially gainful occupation. The Board grants the TDIU claim for the entire appeal period.

The Veteran's OSA and lumbar spine disability are granted as secondary to service-connected PTSD. The right knee instability is granted a 10% rating.

The Board has denied the Veteran's claims for service connection for hypertension, right knee disability, left knee disability, bilateral foot disability, and right shoulder disability due to lack of new and relevant evidence. The appeal is denied.

Service connection for recurrent right knee injury residuals is granted. The Veteran's left hand and thumb neuropathy, GERD, migraine headaches, and obstructive sleep apnea are all remanded for further evaluation.

The Board has granted effective dates of February 20, 2018 for service connection and increased ratings for various conditions.

The Veteran's TDIU was granted effective from December 22, 2018, the day after he stopped working due to his disabilities. The appeal is dismissed as there are no remaining allegations of error in this matter.

The Board has remanded the claims for right and left knee disabilities due to a lack of an adequate VA medical opinion, as the AOJ failed to ensure that such an opinion was obtained prior to the April 2024 rating decision.

The Board has decided to remand the Veteran's claims for service connection due to a pre-decisional duty error. The AOJ must notify the Veteran of his right to a pre-decisional hearing and then readjudicate the claims.

The Veteran's claims for service connection and increased ratings have been granted, with effective dates of August 12, 2019. He is now entitled to a disability rating of 40 percent for degenerative arthritis of the lumbar spine.

The Veteran's appeals for increased ratings and service connection have been withdrawn. The Board has remanded two issues: entitlement to an evaluation in excess of 30 percent for a left knee disability, status post left knee arthroplasty; and entitlement to service connection for a left hip disability.

The Veteran's appeal for service connection of a left knee condition and an increased rating for PTSD with major depressive disorder and alcohol use disorder was denied. The Board found that the evidence did not support the Veteran's claims, particularly regarding his claimed onset of symptoms during active service.

The appeal for service connection for PTSD is dismissed as the Veteran's claim has been fully granted. The appeals for service connection for degenerative arthritis of the spine, left shoulder strain, and a left knee condition are remanded.

The Board dismissed the Veteran's appeal for service connection due to his withdrawal of the claim for bilateral hearing loss. The remaining claims for tinnitus, multiple joint disorders (shoulders, elbow, back, knees, ankles, feet, toes), and radiculopathy were denied as not supported by evidence of a current disability or a causal relationship to service.

The Veteran's claims for service connection for tinnitus and right knee condition are both denied as there is no current diagnosis of either condition, and the evidence does not support a finding that they are related to service.