Knee decisions — 2024

The Board has decided to remand the cases for further examination and opinion regarding the Veteran's claimed bilateral knee disabilities, as the VA opinions provided were inadequate.

The Board has found that the VA examinations provided were inadequate for rating purposes and did not substantially comply with the August 2023 remand instructions. The Veteran's right knee disability is currently rated as 10 percent disabling for limitation of flexion, but no rating is assigned for limitation of extension. The Board finds that an addendum opinion is necessary to address the ameliorative effects of medication on the Veteran's symptoms.

The Veteran's service-connected disabilities, including ADHD, lumbosacral strain with degenerative arthritis, tinnitus, right knee osteoarthritis, left knee osteoarthritis, scar, and left ear hearing loss, collectively precluded him from obtaining and maintaining substantially gainful employment. The Board granted a TDIU based on the combined effects of these disabilities.

The Veteran's claim for an increased initial rating for her service-connected right knee condition is being remanded due to a procedural error in the VA examination conducted in June 2014. The Board will need to schedule the Veteran for another examination to determine the current severity of her disability.

The Board has granted service connection for GERD, Hernia, Obstructive Sleep Apnea, Cervical Spine Disability, Left Upper Extremity Radiculopathy (secondary to cervical spine disability), Right Upper Extremity Radiculopathy (secondary to cervical spine disability), Thoracolumbar Spine Disability, Left Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), Right Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), and Left Knee Disability (secondary to bilateral foot disabilities, pes planus) and Right Knee Disability (secondary to bilateral foot disabilities, pes planus).

The Board has restored the Veteran's right knee instability rating from noncompensable to 10 percent effective November 1, 2020, finding that the reduction was improper due to lack of evidence of improvement in the condition.

The Board has remanded the claims of entitlement to an initial disability rating in excess of 10 percent for left and right knee chondromalacia with degenerative joint disease due to inadequate examination findings. The Veteran's earlier effective date claim for bilateral knee disorder is denied.

The Board has denied the Veteran's claim for service connection for a left knee disability and dismissed his appeal of entitlement to service connection for a left kidney disability from VA's modernized review docket. The Board has also remanded the issue of new and relevant evidence for bilateral porokeratosis of the feet, which was previously denied in 2009.,The Veteran is seeking service connection for his bilateral porokeratosis of the feet, claiming that he first experienced symptoms during service at Camp Lejeune. The Board has found this to be new and relevant evidence.

The Board has found that the April 2021 rating decision did not address the Veteran's claim for clear and unmistakable error (CUE) in a May 1996 denial of service connection for a left knee disability. The AOJ is required to process this CUE claim.

The Veteran is unable to secure and maintain a substantially gainful occupation due to his service-connected disabilities, which include bilateral pes planus, right knee strain, left achilles tendon rupture, painful scar associated with left achilles tendon rupture repair, and left foot surgical scar. The Board has granted the TDIU based on these conditions.

The Board has granted service connection for bilateral osteoarthritis of the knees, finding that the Veteran's currently diagnosed condition is related to her military service.

The Board has determined that the Veteran's claims for earlier effective dates are dismissed as freestanding claims, and the increased rating claims have been remanded due to new evidence of worsening conditions.

The Veteran's appeals for service connection for memory loss and insomnia have been withdrawn, resulting in the dismissal of these issues. The remaining claims (left knee disability, bilateral shin disability, nasal surgery residuals, headaches, to include dizziness, and brain disability) are remanded.

The Board has determined that the VA examinations provided for the Veteran's right shoulder, right ankle, and bilateral knee disabilities are not compliant with the requirements in Sharp v. Shulkin and Correia v. McDonald. Therefore, these matters must be remanded to obtain new VA examinations.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's right knee strain and his service-connected lumbar spine and left knee disabilities.

The Board has granted service connection for left and right knee disabilities, as well as bilateral shin splints, finding that the evidence is at least in equipoise with regard to these conditions being incurred or aggravated by service.

The Veteran's sleep apnea and tension headaches are granted service connection. The bilateral knee disability and dermatitis/eczema, psoriasis are remanded for further examination and opinion.

The Veteran withdrew their appeals for bilateral hearing loss, tinnitus, left hip disability, and right hip disability. The appeal for a right knee disability is remanded, as well as the one for a low back disability and psychiatric disability.

The Veteran's claim for service connection for a left knee condition is remanded due to the need for an examination and medical opinion regarding the etiology of his current diagnosis.

The Veteran's appeals for earlier effective dates have been dismissed as the claims were not filed within one year of the final rating decisions.