Knee decisions — 2024

The Veteran's appeals for increased ratings for his bilateral knee disabilities are dismissed due to the appeal being a duplicate of previously filed claims in the legacy system.

The Veteran's TDIU and SMC at the housebound rate are granted due to his service-connected PTSD, which is rated as 70 percent disabling since June 16, 2016. The additional disabilities do not meet the criteria for a single disability rated at 100%.

The Veteran's appeal is denied as his service-connected conditions do not meet the criteria for higher initial disability ratings.

The Veteran withdrew his appeal regarding the service connection for joint pains secondary to a service-connected knee disability, citing dissatisfaction with his current rating and preference not to attend examinations.

The Board has remanded the claims for service connection for bilateral shoulder, knee, and elbow conditions due to inadequate medical opinions based on a lack of in-service diagnoses.

The Board has received a request for withdrawal of the appeal regarding increased rating for right knee disability and reopening claims for sleep apnea and diabetes mellitus. The appeal is dismissed as a result.

The Board has remanded the claims for bilateral hearing loss, an acquired psychiatric disorder (to include depression and anxiety), a stomach disorder (to include GERD), a leg disorder, a lumbar spine disorder, a cervical spine disorder, a right ankle disorder, a left ankle disorder, a right hip/thigh disorder, a left hip/thigh disorder, a right knee disorder, and a left knee disorder for further development.,The Board found that the Veteran's hearing loss does not meet VA criteria for service connection due to lack of evidence of current disability.

The Veteran's cervical spine disc degeneration is denied as there is no evidence of a nexus to service.,The Veteran's hernia (specifically umbilical hernia and inguinal regions) is denied due to lack of chronicity of care during service.,The Veteran's left knee strain (patellofemoral pain syndrome and chronic sprain) is remanded as there are conflicting opinions regarding its onset in service.,The Veteran's left ankle lateral collateral ligament sprain is remanded as the VA examiner found no evidence of chronicity of care during service.,The Veteran's lumbar spine disorder, left shoulder disorder, and right shoulder disorder are all remanded due to lack of medical records documenting ongoing treatment or diagnosis in service.

The Board denied the Veteran's claims of service connection for chronic back pain, depression, left knee pain, right knee pain, anxiety, and bilateral hearing loss as there was no evidence showing these conditions were incurred or aggravated during his periods of active duty training (ACDUTRA) or inactive duty training (INACDUTRA).

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity sciatic nerve radiculopathy is currently rated at 10 percent, and the Board does not find evidence to support a higher rating.,The Veteran's right knee strain is currently rated at 10 percent, with no indication of a need for a higher rating based on the provided information.,The Veteran's right shoulder strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.

The Board dismissed the Veteran's claims for service connection of left and right knee disabilities due to a claims processing defect, as the March 2021 Notice of Disagreement was submitted more than one year after the March 2019 rating decision.

The Veteran's claim for restoration of a 20 percent rating for anterior cruciate strain with tibia stress reaction, patellofemoral syndrome and tendonitis, right knee is granted. The claims for increased ratings for instability, left knee; tibia stress reaction, patellofemoral syndrome and tendonitis, left knee; left knee limitation of extension; and impairment of the left knee are remanded.

The Veteran's bilateral shoulder, knee, and foot conditions are found to have started during service and continue to present. Service connection is granted for left shoulder degenerative arthritis, right shoulder degenerative arthritis, left knee degenerative arthritis, right knee degenerative arthritis, and bilateral pes planus.

The Board has identified errors in the record and requires further development to clarify the Veteran's service dates, obtain relevant medical records, and determine her periods of active duty. The appeal is remanded for these purposes.

The Board has dismissed all appeals due to the Veteran's withdrawal of his claims.

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 increase in rating.

The Veteran's tinnitus claim is denied as the evidence does not support a finding that it was incurred in service or within one year of separation from service.,The Veteran's left knee, right knee, and low back disabilities are remanded for further examination and opinion to determine if they were incurred in service.

The Veteran's claim for an increased rating for a left knee disability is remanded due to the failure to reschedule him for a VA examination. The Board finds that he provided good cause for missing the previously scheduled examinations and orders a new examination to determine the severity of his left knee disability throughout the appeal period.

The Board has decided to remand the Veteran's claim for service connection of a bilateral knee condition due to new and relevant evidence having been submitted. The case is being sent back for further examination and opinion.