Knee decisions — 2024

The Veteran's claim for TDIU and basic eligibility for Dependents' Educational Assistance was granted from May 29, 2019. The appellant waived his right to attorney fees based on the August 2020 Rating Decision.

The Veteran's sleep apnea, diagnosed as severe and life-threatening with indices of greater than 55 respiratory disturbances and 55% oxygen saturation, was granted service connection on a secondary basis due to his service-connected back pain, depressive disorder, knee disabilities, and left lower extremity radiculopathy.,The Veteran's cause of death from acute myocardial infarction caused by severe obstructive sleep apnea syndrome is also granted.

The Veteran's claim for an earlier effective date for service connection of painful right ankle scars is denied. The appeal for a rating greater than 30 percent for painful right ankle scars and a compensable rating for nonpainful right ankle scars is also denied. SMC based on the need for aid and attendance of another person prior to January 8, 2019, and after July 1, 2019, is granted.

The Veteran's claim for an earlier effective date prior to October 26, 2020 of a 30 percent increased rating for his left knee disability was denied as the Veteran did not timely appeal the June 2011 rating decision and there is no evidence of a request to reopen the claim within one year before the October 2020 filing.

The Board has determined that the Veteran's claims for earlier effective dates and increased evaluations are remanded due to a duty to assist error. The issues of entitlement to TDIU are also inextricably intertwined with these matters.

The Board has denied the Veteran's claims for service connection for lumbar spine condition, right knee disability, right toe condition, bilateral hearing loss, and tinnitus as there is no evidence of a current disability or link to military service.,Service treatment records did not show any complaints or diagnoses related to these conditions. Post-service medical records also lacked relevant findings.

The Board granted an effective date of December 9, 2018 for a 10 percent rating for anemia. The Veteran's claim was reopened on new evidence and the effective date is based on factual ascertainability since that date.

The Board has granted the Veteran's claim for service connection for right knee patellofemoral pain syndrome and right knee iliotibial band syndrome, finding that there is a balance of evidence supporting the Veteran's claim. The decision is based on the Veteran's extensive military service as a Special Forces soldier, which likely contributed to his current disabilities.

Your current rating for unspecified trauma and stressor related disorder is 30 percent, effective prior to September 7, 2023. The Board has found that your symptoms do not warrant a higher rating.,The Veteran's left knee degenerative arthritis may be service-connected through secondary service connection due to obesity. Further examination and medical opinion are needed to determine the etiology of this condition.,Your back disability (not specified) is currently not service-connected, but further evidence or argument may support its service connection.,Right lower extremity sciatica has no current service connection.

The Board has denied the Veteran's claims for service connection for left knee disorder and bilateral hearing loss, finding no current disability or evidence of in-service injury that could be linked to these conditions.

The Veteran's initial disability ratings for right and left lower extremity radiculopathy have been granted at 40 percent each, effective August 15, 2018. The initial disability rating for the left knee chondromalacia patella has also been granted at 40 percent, effective December 26, 2018. The Veteran's right knee instability was denied as his initial disability rating of 10% is not met.

The Board has determined that the AOJ committed pre-decisional errors and has remanded the claims for service connection for left knee disability, chronic sinusitis (claimed as allergies), right shoulder strain, and left shoulder impingement due to potential errors in addressing theories of service connection.

The Veteran's initial maximum schedular rating of 10 percent for status post bunionectomy, right foot, is granted. Other service-connected conditions are not rated higher.

The Veteran's left knee patella tendonitis is currently rated at 10 percent, but the evidence does not support a higher rating as there is no limitation of motion or instability that would warrant an increased rating.

The Veteran withdrew his appeal, so the case is dismissed.

The Board has granted an effective date of March 23, 2001 for the award of TDIU and DEA benefits. The Veteran's service-connected disabilities have prevented him from securing or following any substantially gainful occupation since that date.

The Veteran was not granted CRDP payments for the period from January 1, 2004 to December 1, 2008 due to a pre-decisional duty to assist error. The Board is remanding the case to correct this issue.

The Board has granted service connection for a right knee condition, left hip condition, and low back condition as secondary to the Veteran's service-connected left knee condition.

The Board denied the Veteran's request for an earlier effective date for the grant of total disability due to individual unemployability (TDIU) prior to November 10, 2015. The evidence did not show that she was unable to secure or follow substantially gainful employment solely due to her service-connected disabilities before this date.

The Veteran's claims for increased ratings for right knee limitation of flexion, left knee limitation of flexion, and right knee limitation of extension have been denied as his range of motion does not meet the criteria for higher ratings under VA rating criteria.