Knee decisions — 2024

The Veteran's claims for increased ratings and service connection are being remanded due to a failure to provide notice of his right to a pre-decisional hearing before the AOJ.

The Board has remanded several claims for increased ratings and service connection due to duty-to-assist errors, including obtaining private treatment records and VA examinations.

The Board has reopened the Veteran's claim for service connection for sleep apnea due to submission of new and relevant evidence. The effective date for the increased rating of lumbosacral strain is set at July 16, 2021. The remaining issues are remanded for further review.

The Board has remanded the cases for further development and examination due to insufficient evidence regarding the nature and etiology of the Veteran's claimed disabilities, including their relationship to service.

The Veteran's appeal for an increased rating for his right total knee replacement has been withdrawn.,An effective date of July 11, 2022, is granted for the award of service connection for right lower extremity radiculopathy.,The claim for an earlier effective date for left knee anterior cruciate ligament tear and osteoarthritis remains denied as there was no pending or unadjudicated claim prior to June 28, 2022.,Service connection is granted for the left medial malleus fracture status post open reduction internal fixation.,An increased rating of 10 percent is denied for right knee instability before March 22, 2010.,An increased rating of 10 percent is denied for left knee anterior cruciate ligament tear.,An increased rating of 10 percent is denied for low back strain with scoliosis and degenerative joint diseases with intervertebral disc syndrome.,A compensable disability rating is denied for right lower extremity radiculopathy.

The Board has granted service connection for right and left knee disabilities, with an initial rating of 100% effective from the date of the April 2022 decision.

The Veteran's service connection claims for hypothyroidism, bilateral shoulder disability, bilateral knee disability, bilateral hip disability, stomach ulcers, and bilateral peripheral neuropathy are remanded due to the need for additional VA examinations.

The Veteran's claim for service connection for left leg amputation (left knee down) was denied an earlier effective date due to the fact that his application was received on February 28, 2022.,An earlier effective date for SMC based on anatomical loss of use of the left foot is also denied as there is no basis to grant such a claim prior to February 28, 2022.

The Veteran's appeal for a bilateral knee disorder and PTSD was denied. The Board found no current disability of the knees or PTSD, and thus did not find service connection to be warranted.

The Veteran's claims for service connection for tinnitus, left knee condition, and right knee condition have been denied. The Board found that the evidence did not support a link between the current disabilities and military service.,The VA examiner concluded that the Veteran's tinnitus is not related to his military service, as it had its onset post-service. For the knees, the VA examiner opined that the degenerative arthritis was likely age-related rather than service-connected.

The Board denied service connection for right knee arthritis, finding that the Veteran did not have a diagnosis of right knee arthritis. The Board granted service connection for left shoulder injury due to an in-service motor vehicle accident during inactive duty training.,The decision also noted that the Veteran's left shoulder injuries were related to mechanical overload or prior trauma and conceded the qualifying event occurred during INACDUTRA.

The Veteran's claim for service connection for left knee osteoarthritis was dismissed as moot because the March 2024 rating decision granted the benefits sought, making the appeal irrelevant.

The Veteran's claims for earlier effective dates for service connection of his left knee disabilities are denied. The earliest permissible effective date is August 15, 2022, the date VA received the Veteran's Supplemental Claim.

The Veteran's erectile dysfunction and right knee condition are granted service connection as they began during his active military service or are otherwise related to in-service injuries.

The Veteran's service-connected disabilities, including persistent depressive disorder and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment since January 30, 2020. The Board has remanded the issues of service connection for shoulder and hip arthritis.

The Veteran's left knee disability is currently rated at 60 percent, the maximum schedular rating available for a total knee replacement. The Board finds that no higher evaluation can be assigned as there are no diagnostic codes allowing for ratings in excess of 60 percent.

The Board has remanded the claims of entitlement to service connection for left and right hip strain, as well as left and right knee impairment due to a failure to address these issues in the previous decision. The Veteran contends that his hip and knee conditions are related to military service, but the VA examiner found insufficient evidence linking the conditions to service.

The Veteran's left knee disability has been rated at a 60 percent rating since June 2016, which includes chronic residuals consisting of severe painful motion or weakness. The maximum available rating for this condition is granted.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, right and left knee conditions, and back condition due to outstanding private medical records and the need for VA examinations.

The Veteran's right knee degenerative arthritis and instability have been granted a 30 percent rating since January 17, 2024. The 30 percent rating is for the right knee degenerative arthritis, while a separate 10 percent rating has been assigned for right knee instability.