Knee decisions — 2024

The Board has decided to remand the case due to inadequate examination findings and requests for another VA examination to properly assess the Veteran's left knee disability.

The Veteran's bilateral below knee amputation and right lower extremity hemiparesis were rated at 100% effective December 31, 2019. The Veteran also received SMC based on a higher level of aid and attendance effective December 31, 2019.

The Board has determined that new evidence received after the prior final denial warrants readjudication of the claim for service connection for a right knee condition. The Veteran's tinnitus and asthma claims are denied, while her request to reopen her right knee condition claim is granted and remanded.

The Veteran's claim for an earlier effective date of December 8, 2017, for the grant of a 60 percent rating for his left knee injury s/p total knee replacement is granted.,The Veteran's claim for an earlier effective date of December 8, 2017, for the grant of a total disability rating due to individual unemployability (TDIU) is also granted.

The Veteran's service-connected scars, right and left lower extremities, were granted effective February 19, 2020. The Veteran also received increased ratings for his painful scars of the bilateral knees as of that date. His knee disabilities, including ACL reconstruction with traumatic arthritis and meniscal tear, were also rated based on their specific manifestations.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of his hands or feet, permanent impairment of vision in both eyes to the specified degree necessary for the award of adaptive equipment, scar formation resulting from severe burn injury, or ankylosis of his knees or hips. Therefore, he is denied eligibility for financial assistance for automobile or other conveyance and adaptive equipment.

The Veteran's bilateral hearing loss and knee disorders are remanded for further development, including obtaining an addendum opinion to address the etiology of these conditions.

The Veteran's service connection claims for left knee degenerative joint disease and initial compensable rating for service-connected left ear hearing loss have been denied. The Board has also remanded the Veteran's claims of service connection for right ear hearing loss and migraines.

The Board has dismissed the Veteran's appeals for increased rating and service connection claims due to his withdrawal of these appeals in an April 2024 statement.

The Board denied the Veteran's claims for service connection of a psychiatric disability, right knee disability, and lumbar spine disability. The claim for bilateral hearing loss was also denied as it did not meet the criteria for a compensable rating.

The Veteran's appeal has been withdrawn, and the Board is dismissing all issues related to service connection for various disabilities.

The Board has remanded the claims of entitlement to service connection for various disabilities, including a bilateral eye disability, left shoulder disability, right ankle disability, right knee disability, right elbow disability, tinnitus, and TBI due to duty-to-assist errors in scheduling VA examinations.

The Veteran's appeals for increased ratings in multiple service-connected disabilities have been dismissed. A TDIU has been granted due to the combined effect of his psychiatric and physical disabilities.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's right knee, left middle finger, lower back, and left knee disabilities. The Veteran is not entitled to service connection for these conditions.

The Board has granted service connection for bilateral knee and hip disabilities, finding that the Veteran's current disabilities are at least as likely as not related to his active-duty service.

The Veteran's appeals for initial compensable ratings for left and right knee surgical scars, as well as his claims for higher ratings for various knee and hip disabilities, have been dismissed. The Board found that the evidence did not support a higher rating for any of these conditions.

The Veteran's low back, left knee, and headaches disabilities are granted as service-connected.,The Veteran's dermatitis disability is also granted as service-connected.

The Board has remanded the claims for right knee, back, neck, and right shoulder disabilities due to inadequate VA opinions and failure to obtain relevant medical records.

The Board denied service connection for the Veteran's claimed acquired psychiatric disorder, neck disorder, lumbar spine disorder, left knee disorder, and right hand disorder due to lack of evidence linking these conditions to service. The Veteran's participation in willful misconduct during service is considered a bar to establishing service connection.

The Veteran's service-connected disabilities, including adjustment disorder, prostate cancer residuals, degenerative joint disease, sinusitis, right foot sprain residuals, left knee strain, tinnitus, allergic rhinitis, and asthma, rendered him unable to secure and follow a substantially gainful occupation. The Board granted the TDIU due to these conditions.