Knee decisions — 2024

The Veteran's initial 50% rating for migraine headaches is granted, and an increased 30% rating for right knee limitation of flexion from December 8, 2017 is also granted. Initial ratings of 40% and 20% are assigned for radiculopathy of the right lower extremity and left lower extremity respectively.

The Veteran's appeals for increased ratings were denied. The Board found that the evidence did not support a higher rating than 10 percent for right ankle disability, right knee disability, left knee disability, or right and left knee instability under either pre- or post-amended criteria. A separate 10 percent rating was granted for right knee instability and left knee instability. The Veteran's back disability received an initial 40 percent rating from June 9, 2014 to March 24, 2020, but the Board denied a higher rating as of March 25, 2020. Migraines were rated at 30 percent and PTSD was not found to warrant a higher than 50 percent rating.

The Veteran's service-connected disabilities require the need for regular aid and attendance, which has been granted special monthly compensation based on aid and attendance.

The Veteran's right knee instability rating was reduced from 20% to 10%, but this reduction is void ab initio due to procedural errors. The increased evaluation claim for the period in question remains pending and requires further adjudication.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and a pre-decisional duty to assist error. The right knee condition is related to in-service injury, while the TBI residuals are not clearly linked to service.

The Veteran's claim for increased ratings for left knee osteoarthritis and earlier effective dates for service connection are being remanded.,The initial rating for left knee osteoarthritis with limitation of flexion is denied, as the motion does not meet the criteria for a higher rating.

The Board has granted service connection for the Veteran's bilateral knee conditions, finding that they likely existed during his active duty and are related to service.

The Board has granted service connection for a low back disability and denied service connection for bilateral shin splints. The decision on left knee osteoarthritis is pending.

The Veteran's claims for service connection were denied as there was no evidence of a nexus between the claimed conditions and his military service. The Board found that the Veteran did not have current diagnoses for some of the conditions, and the VA examination provided an opinion against the claim.

The Board has determined that the Veteran's low back and bilateral knee disorders are proximately due to his service-connected disabilities, specifically obesity as an intermediate step. As such, these conditions have been granted on a secondary basis.

The Board has granted the Veteran's claim for service connection for a left knee disability, including arthritis and strain, finding that the evidence is at least in equipoise as to whether his current condition is related to his active-duty service.

The Board has granted service connection for left and right knee strain, meniscal tear, and osteoarthritis. The evidence supports a finding that these conditions are related to the Veteran's active duty service.

The Board has granted the Veteran's appeal for service connection for a left knee disability, including strain with a meniscal tear and neuropathy. The claim was withdrawn for service connection for a left hip strain and neuropathy.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU, including on an extraschedular basis.

The Board has remanded the claims for service connection for headaches, left shoulder disability, and right knee disability due to insufficient evidence in the original decision. The Veteran's reports of symptoms will be considered during the new examinations.

The Board has remanded the issues of service connection for left knee osteoarthritis, right knee osteoarthritis, left hip osteoarthritis, and right hip osteoarthritis due to outstanding STRs not being obtained.

The Board has remanded the Veteran's claims for service connection for various wrist, knee, shoulder, and elbow disabilities due to outstanding medical records not being considered in the original decision.

The Veteran's earlier effective date for a 50 percent rating for migraine headaches is granted as of February 3, 2017.,The Veteran's eligibility to Dependents' Educational Assistance (DEA) is also granted as of February 3, 2017.

The Veteran's appeal is remanded due to a duty to assist error in the prior rating decision. The Board finds that the December 2019 examination report did not adequately consider all of the Veteran's symptomology associated with flare-ups, and thus requires a new examination.

The Board denied service connection for diabetes mellitus type 2, bilateral lower and upper extremity peripheral neuropathy conditions, and bilateral knee and hip conditions as there was no probative medical evidence linking these disabilities to the Veteran's service or a service-connected condition.