Knee decisions — 2024

The Board denied the Veteran's request to reenter a VR&E program at the 'rehabilitation to the point of employability' status, finding that his service-connected disabilities did not prevent him from performing the duties of his previous occupation and he had overcome any vocational impairment.

The Board has determined that the Veteran's left knee disability is a result of his service-connected right knee disability, and thus grants service connection for this condition as secondary to his pre-existing right knee disability.

The Veteran's appeals for earlier effective dates and increased ratings based on CUE in the November 2013 rating decisions were dismissed as concurrent elections.

The Board has determined that there was an administrative error in docketing two appeals and dismissed the appeal as a result.

The Board has granted service connection for bilateral knee disability, right shoulder disability, low back disability, radiculopathy secondary to low back disability, and acquired psychiatric disorder secondary to service-connected disabilities.

Service connection is granted for a respiratory disorder, including sinusitis and allergic rhinitis.,Service connection is granted for atrophy of the testes. The Veteran's infertility due to service-connected condition has been confirmed.

The Veteran's appeal for service connection for a right wrist disability has been withdrawn.,Service connection for left knee, right knee, and left ankle disabilities have all been denied.

The Veteran's bilateral knee disabilities and insomnia disorder are currently rated at 10 percent each, but the Board finds no evidence to support evaluations in excess of these ratings.

The claim for service connection for PTSD is dismissed.,Service connection for left knee arthritis, to include as secondary to a right knee disability, is denied.,The claim for service connection for headaches/migraines is remanded.,The claim for service connection for chronic pelvic pain, to include as secondary to a right knee disability, is remanded.

The Board has granted service connection for bilateral knee disabilities effective January 26, 2021. The Veteran's initial claim was denied in May 2018 and the appeal is based on a new claim filed on June 30, 2020.

The Veteran's claim for service connection of recurrent bronchitis, left knee disorder, and neck disorder is being remanded due to the submission of new evidence. The issues are related to whether these conditions were incurred or aggravated by active service.

The Veteran's service-connected tinnitus is rated at the maximum allowable under Diagnostic Code 6260, and no higher rating is warranted.,The Veteran's bilateral hearing loss is currently rated as noncompensable (0 percent) based on the average pure tone thresholds in both ears being within the range of level I hearing impairment.,Prior to February 14, 2020, the Veteran's dermatitis was rated at a noncompensable (0 percent) disability rating. Effective from February 14, 2020, it is rated as 30 percent disabling under Diagnostic Code 7806.,Prior to June 19, 2017, the Veteran's left carpal tunnel syndrome was rated at a noncompensable (0 percent) disability rating. Effective from June 19, 2017, it is rated as 40 percent disabling under Diagnostic Codes 5215-8515.,Prior to June 19, 2017, the Veteran's right carpal tunnel syndrome was rated at a noncompensable (0 percent) disability rating. Effective from June 19, 2017, it is rated as 40 percent disabling under Diagnostic Codes 5215-8515.,Prior to June 19, 2017, the Veteran's left knee arthritis was rated at a noncompensable (0 percent) disability rating. Effective from August 30, 2012, it is rated as 40 percent disabling under Diagnostic Code 5260.,Prior to June 19, 2017, the Veteran's right knee arthritis was rated at a noncompensable (0 percent) disability rating. Effective from August 30, 2012, it is rated as 40 percent disabling under Diagnostic Code 5260.,The Veteran's arthroscopic scars in the left knee were granted service connection effective from December 9, 2008, and no earlier date has been established.,All other issues have been denied.

The Board has remanded the claims for TDIU and DEA benefits due to service-connected disabilities, as there is a duty-to-assist error regarding a private vocational opinion submitted in February 2014. The Veteran's entitlement to an extra-schedular TDIU prior to March 1, 2011, will be referred to the Director of Compensation for consideration.

The Veteran's appeals for service connection were dismissed due to his death. The claims are no longer pending as the Veteran died during their pendency.

The Veteran's attorney has withdrawn the appeal for eligibility to direct payment of attorney fees based on past-due benefits awarded in a January 2023 Rating Decision.

The Veteran's appeals for service connection of right and left knee disorders have been dismissed due to the death of the Veteran.

The Veteran's claim for service connection for tinnitus has been reopened and granted. The claims for cervical strain and right knee disorders have been remanded.

The Board has decided that the Veteran does not have a current diagnosis of shortness of breath, hypertension, right knee disability, left knee disability, or OSA. The claims for these conditions are being remanded due to procedural and evidentiary issues.

The Board has remanded the Veteran's claims of service connection for a neck condition and a left knee condition due to inadequate medical opinions and failure to consider all relevant evidence.

The Veteran's appeals for increased rating and service connection were dismissed due to a procedural defect.