Knee decisions — 2024

The Board has denied the Veteran's claims for an initial compensable rating for bilateral hearing loss and remanded the issues of service connection for chronic left knee disability and atrial fibrillation.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied. The Board finds that the evidence does not support a higher rating, as his hearing acuity levels do not warrant a compensable rating. For the left knee and right knee issues, the case is remanded to obtain updated medical examinations.

The Board has decided to remand the claim of service connection for a left knee disability due to insufficient medical opinion and need for further examination.

The Board has remanded the Veteran's claims for service connection for various joint disorders, including left elbow, right elbow, left hip arthritis, right hip arthritis, left knee, right knee, left ankle, right ankle, left wrist, and right wrist disorders. The issues are related to whether these conditions were incurred or aggravated by active service.

The Veteran's left and right knee patellofemoral syndrome were granted a 20 percent rating from October 13, 2020 to December 2, 2020. Separate 10 percent ratings for instability of the knees were also granted during this period. The adjustment disorder with mixed anxiety and depressed mood was denied an initial rating in excess of 50 percent.

The Veteran's left knee osteochondrosis and chronic knee strain are rated at 10 percent, but the Board finds no evidence of more than slight instability warranting a higher rating. The claim for an increased evaluation in excess of 10 percent is denied.

The appeal for service connection of left knee arthritis is dismissed due to the appellant's death.

The Veteran's claim for a rating in excess of 10 percent for tinnitus is denied as he is already receiving the maximum schedular rating.,The Veteran's claims for evaluation of osteoarthritis, both knees; service connection for right shoulder condition; and service connection for low back strain are remanded due to missed VA examinations.

The Board has determined that the Veteran's right knee disorder may be related to service, but additional evidence is needed to determine if it is secondary to any other service-connected conditions or if it became disabling within one year of discharge.

The Board has granted service connection for PVD affecting both lower extremities and left and right below the knee amputations. The Veteran's hypertension is also rated at the initial 10 percent level.

The Board has granted the Veteran's claim for service connection for a left knee disability, finding that the evidence is in equipoise as to whether his current condition is related to his military service.

The Veteran's claim for service connection for left knee condition is being readjudicated due to new and relevant evidence, which includes recent treatment records from North Little Rock VAMC and a VA examination report. The decision will determine if the new evidence supports the claim.

The Board has decided to remand the Veteran's claims for service connection for migraine condition and right knee strain due to errors in duty-to-assist. The AOJ is required to obtain complete military personnel records, including ACDUTRA and INACDUTRA dates, and any missing service treatment records. Additionally, VA examinations are needed to determine if the Veteran's current conditions began during his service or were caused by a service-connected disability.

The Board has decided to remand the claims of entitlement to increased ratings for right knee instability and arthritis, as well as entitlement to a TDIU due to service-connected disabilities. The AOJ will need to obtain a retrospective medical opinion regarding the severity of the Veteran's right knee disability during the period from June 1, 2019, to June 8, 2020.

The Veteran's appeal for an earlier effective date for the right shoulder disability and a higher initial rating was denied.,An earlier effective date for the bilateral knee disability is also denied.

An effective date of January 30, 2020, is granted for the award of service connection for left knee scar from partial replacement. The Veteran's claim for an increased rating for his left knee patellofemoral arthritis status post unicondylar (partial) knee replacement remains denied.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has remanded the claims of service connection for anemia, right knee disability, low back disability, flat feet, and migraine headaches due to insufficient evidence. The claim for service connection for any acquired psychiatric disorder is recharacterized as including schizoaffective disorder.

The Veteran's appeals for increased ratings for right knee limitation of extension and patellofemoral syndrome have been dismissed due to the Veteran withdrawing his claims.

The Board dismissed the Veteran's appeal because it did not have jurisdiction to consider the merits of the case, as the August 2023 rating decision was not an initial decision and thus not appealable under the AMA.