Knee decisions — 2024

The Board has granted service connection for chronic kidney disease and gout of the left elbow, bilateral knees, and bilateral feet as secondary to the Veteran's chronic kidney disease.

The Board has dismissed the appeal because the Veteran submitted multiple requests for review that created a concurrent election, which is not allowed under VA regulations.

The Board has dismissed the Veteran's appeals for service connection of hypertension, diabetes mellitus, obstructive sleep apnea, chronic fatigue syndrome, left knee disability, and erectile dysfunction as untimely.

The Veteran's claims for increased ratings for his left knee condition and instability prior to February 21, 2019 were denied as the evidence did not show a rating in excess of 10 percent under applicable diagnostic codes.

The Veteran's appeals for increased disability ratings and other claims were generally granted, with some issues being denied or having their ratings adjusted. The decision covers various conditions including RLS, PTSD with TBI, headaches, irritable bowel syndrome, herpes simplex virus, cervical spine DDD, tarsal tunnel syndrome, knee pain syndromes, and thumb sprain.

The Veteran's TDIU claim is granted for the period beginning May 1, 2020, as he has a combined disability rating of 100% due to service-connected disabilities and was unable to secure or follow substantially gainful employment.

The Board has decided to remand two separate issues related to clothing allowances for the Veteran. The first issue involves retroactive clothing allowances from 2012 through 2019, and the second concerns a clothing allowance for the year 2020. These decisions are based on missing records that need to be obtained by VA.

The Board has remanded the claims of service connection for right knee patellofemoral syndrome and diarrhea due to a duty to assist error.

Service connection for an acquired psychiatric disorder has been granted.,The matter of secondary service connection for left and right knee disorders to a back disability is being remanded.

The Board has granted service connection for degenerative arthritis of the left knee and right knee, finding that the evidence is at least in equipoise as to whether these conditions are related to military service.

The Veteran's service-connected disabilities have resulted in the effective loss or permanent loss of use of his right upper extremity and legs, which qualifies him for financial assistance for automobile or other conveyance and adaptive equipment.

The Board denied the Veteran's claims for service connection for bilateral knee disabilities, finding that his current conditions preexisted service and were not aggravated by service.

The Veteran's appeal for service connection for a bilateral knee disability is dismissed due to procedural defects, including an untimely Notice of Disagreement filed after the effective date of the Appeals Modernization Act.

The Board has granted service connection for left knee osteoarthritis, right knee osteoarthritis, bilateral pes planus, Barlow syndrome, and sinusitis. Service connection was reopened based on new evidence received since the prior denial.

The Board denied service connection for a neck disability, bilateral upper extremity cervical radiculopathy, and bilateral knee disability due to lack of evidence showing current disabilities or a link between the conditions and service.

The Veteran has withdrawn his appeals regarding headaches, left knee strain, and sleep apnea.

The Veteran's appeal for TDIU was dismissed as the Veteran withdrew his request. The cases of increased ratings for right and left knee disabilities, as well as a left foot disability, are remanded due to pre-decisional duty to assist errors.

The Veteran's sleep apnea, thoracolumbar spine disability, right and left ankle disabilities, right and left elbow disabilities, right and left hip disabilities, right and left knee disabilities, and cervical spine disability are being remanded for further development.

The Veteran's claim for service connection for bilateral hearing loss (BHL) has been dismissed as he did not submit a proper supplemental claim to reopen the previously denied claim.,An initial rating in excess of 50 percent for PTSD is denied. The Veteran's PTSD results in reduced reliability and productivity but does not manifest in occupational and social impairment with deficiencies in most areas.

The Board has remanded the case due to a procedural issue where the AOJ did not accept the Appellant's timely VA Form 20-0996 Higher Level Review request for review of the June 2020 decision. The AOJ should now conduct a higher level review.