Knee decisions — 2024

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in his VA examinations. The issues are all related to secondary service connection based on pre-existing disabilities.

The Veteran's appeal for a higher rating for sinusitis is denied. The Veteran's claim for TDIU due to service-connected disabilities, effective September 16, 2021, is granted. The case is remanded for further consideration of the issue of service connection for obstructive sleep apnea.

The Veteran's claim for an increased rating of more than 30 percent for asthma was denied. Service connection for COPD, right knee disorder (DJD), left knee disorder (DJD), bilateral pes planus due to aggravation of a pre-existing disability, and cardiac disorder (arrhythmia) were all denied.

The Board has determined that new and relevant evidence has not been received to readjudicate the claims for service connection for traumatic brain injury, bilateral knee condition, back condition, irritable bowel syndrome, and temporomandibular joint syndrome. The claim of service connection for irritable bowel syndrome is granted. The remaining claims are remanded due to a duty to assist error.

The rating for TBI was restored from 70% to 10%, effective March 1, 2020. The rating in excess of 10% for left knee instability is denied.

The Veteran's bilateral hearing loss is granted service connection. The left knee disability claim is remanded for further review.

The Board has determined that there were duty to assist errors in the rating decision on appeal and remanded for additional development, including obtaining missing VA and private medical records related to the Veteran's bilateral knee disability.

The Board has remanded the claims for service connection for right and left knee disabilities due to a procedural error in providing notice of the Veteran's right to a hearing before VA.

The Board has remanded the claims for a bilateral foot condition, right knee disability, back disability, and acquired psychiatric disorder due to new evidence submitted by the Veteran.

The Veteran's right knee disability, including history of ACL, joint osteoarthritis and meniscus tear, is granted with a 10 percent rating for the entire appeal period from January 11, 2018, to the present.

The appeal was dismissed due to the appellant's death, and no service connection decision is made.

The Veteran's claim for TDIU is denied as it was not factually ascertainable that he was unemployable in the year prior to September 8, 2020.

The Veteran's TDIU claim has been dismissed because his combined rating is now at 100% due to service-connected disabilities, making the TDIU claim moot.

The Board has granted the Veteran's claim for service connection for right knee arthritis and residuals of right knee surgery, finding that there is an approximate balance of positive and negative evidence regarding whether these conditions are related to service.

The Board has restored service connection for right knee strain, left knee strain, and lumbosacral strain due to the severance of these conditions in previous decisions.

The Board has remanded the case due to a need for additional medical examination and opinion regarding the relationship between the Veteran's left knee disorder and his service-connected left ankle disability.

The Veteran's claims for increased ratings for various knee and ankle conditions, as well as degenerative arthritis of the spine with spondylolisthesis, were denied. The evidence did not show that any of these conditions warranted a rating in excess of 10 percent.

The Board has granted service connection for sleep apnea but denied service connection for a left knee disability, finding that the preexisting condition was not aggravated by active duty.

The Veteran's appeals for increased evaluations and service connection have been dismissed as the Veteran withdrew his appeal before a decision was made.

The Veteran's claims for increased ratings for shrapnel wound residuals of the left and right thighs have been denied. The left thigh condition remains at a maximum 40 percent rating, while the right thigh conditions are also denied with specific periods having no higher ratings.