Knee decisions — 2024

The Board has remanded the claims for service connection due to inadequate VA opinions and a need for further examination.

The Veteran's service-connected disabilities have not precluded substantially gainful employment, and he has not been in receipt of a total rating or identified a permanent and total disability. The Board denied the TDIU and permanent and total evaluation claims as the evidence did not show that his service-connected disabilities alone were sufficient to produce unemployability.

The Veteran's claim for service connection for bilateral hearing loss is granted. The Board finds that the Veteran has a current disability (bilateral hearing loss), in-service noise exposure, and a nexus between his current condition and his military service. Service connection for left knee disability is remanded as further development is needed to determine its etiology.

The Board has granted service connection for lumbar spine DDD, secondary to left knee patellofemoral syndrome. The decision is based on the Veteran's claim of a causal relationship between his service-connected left knee condition and his current lumbar spine disability.

The Board has determined that there is new and relevant evidence to reopen the claims for left knee disability and right ankle disability. The Veteran's left knee disability is granted, but his right ankle disability requires further examination and review.

The Board has decided to remand the case due to errors in calculating the overpayment of VA pension, specifically regarding the dates when the Veteran and his wife were living together. The AOJ needs to re-evaluate the calculation of the debt with consideration of the statements made by both the Veteran and the appellant.

The Veteran's claims for increased ratings for right knee patellofemoral pain syndrome, right knee instability, and left knee strain have been denied as the symptoms do not meet or approximate the criteria for a higher rating under VA disability evaluation criteria.

The Board has denied service connection for PTSD, liver disorder, cold injury residuals including of the feet, legs, and knees, bilateral elbow disabilities, bilateral knee disabilities, bilateral hip disabilities, and back disability. The Veteran's claims were not supported by current diagnoses or a causal link to his military service.

The Veteran's right knee disability is being remanded for additional development due to a potential pre-decisional error in the duty to assist.

The Board has decided to remand the case due to an incomplete analysis of the Veteran's right elbow condition, which may be related to his service-connected lower extremity disabilities. The claim will be reviewed again with a focus on whether the right elbow condition is proximately due or aggravated by these conditions.

The Veteran's representative has withdrawn all appeals, including those for service connection and readjudication of various disabilities. As a result, the Board is dismissing these appeals.

The Veteran withdrew his appeals for all issues related to service connection, including bilateral shin pains, left knee strain, right knee condition, PTSD, and upper back pain. As a result, the appeal is dismissed.

The Veteran's appeal for revision of a 1984 rating decision regarding his left knee disability has been dismissed due to procedural defects.

The Board has remanded the case due to a duty-to-assist error, specifically failing to request an opinion regarding the impact of service-connected disabilities on the Veteran's occupational functioning prior to January 10, 2018.

The Veteran's appeal was dismissed due to his death, and the surviving spouse is advised to resubmit her request for substitution at the AOJ.

The Veteran's claim for diabetes mellitus, type II was denied as there is no evidence of its onset in service or a link to service.,Before January 1, 2016, the Veteran's headaches were rated at 30 percent and not higher due to lack of very frequent, completely prostrating attacks. Beginning January 1, 2016, his rating was increased to 50 percent based on more severe symptoms.

The Veteran's right knee osteoarthritis and cervical spine disability have been granted service connection, with a 20 percent rating for the right knee condition. The TDIU claim is also remanded.

The Veteran's appeal for a higher rating on his left knee disability has been withdrawn. Service connection is granted for asthma, but the Board finds that there are pre-decisional duty to assist errors regarding service connection for lumbar spine, cervical spine, bilateral shoulder, and right knee disabilities.

Your previous appeals for service connection for knee and ankle arthritis have been dismissed because the July 12, 2021 notice of disagreement was found to be duplicative.

The Board has granted an earlier effective date of February 26, 2009 for the grant of Total Disability based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA). The Veteran's service-connected right knee disorder and back disorder have rendered him unable to secure or follow substantially gainful employment since at least February 26, 2009.