Knee decisions — 2024

The Veteran's claim for increased ratings of his left knee condition and service connection for a colon disability were granted. The left knee conditions received a separate rating, while the colon disability was granted service connection.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the appeal.

The Board has determined that the claims for higher ratings and entitlement to TDIU must be remanded due to pre-decisional duty to assist errors, specifically regarding the left fibula disability. The Veteran's other left leg disabilities were examined, but not his left fibula disability.

The Board has found that more development is necessary prior to final adjudication of the claims on appeal due to incomplete service treatment records. The Veteran's complete service treatment records have not been associated with the file, and VA must again attempt to obtain these records.

The Board has determined that the Veteran's claims for service connection have been remanded due to insufficient evidence. The issues of service connection for pulmonary lung condition, bilateral hearing loss, left knee injury, and IBS are being reviewed.

The Board has determined that the Veteran's service connection claims for various orthopedic disabilities should be remanded due to a duty to assist error. The claims will now include medical opinions considering the Veteran's lay contentions about his in-service pain and duties.

The Board has remanded the claims for service connection for bilateral knee conditions as secondary to a service-connected disability due to insufficient evidence addressing direct service connection.

The Board has denied service connection for left shoulder and right shoulder conditions, finding no evidence of current disabilities incurred or aggravated in service. The right knee condition is granted as already established.

The Veteran's appeal for a higher rating for left knee disability was denied, but he was granted a separate rating of 20 percent for his meniscal condition.

The Board has granted service connection for a neck disability and a left knee disability. The appeal regarding initial compensable evaluation for musculoskeletal headaches is remanded.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, leading to a TDIU effective October 22, 2019. The Board finds that the RO should have referred this claim for extraschedular consideration prior to adjudicating the pre-October 22, 2019 period on appeal.

The Board has granted service connection for the Veteran's right hip, left hip, right knee, and left knee conditions. Service connection for hypertension is also granted but requires further VA examination to determine its etiology.

The Board has dismissed the Veteran's appeals for service connection of left and right knee degenerative arthritis as secondary to residuals, fracture left big toe due to procedural issues in the modernized appeal system.

The Board has granted service connection for low back degenerative disc disease, left lower extremity radiculopathy, left hip strain, and left knee degenerative arthritis with left knee strain, all secondary to the Veteran's service-connected left ankle disability.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to a duty to assist error, as the VA failed to obtain an adequate medical opinion regarding whether there was any failure on the part of VA to timely diagnose and/or properly treat the claimed disease or disability, or whether there was any other failure on VA's part as it pertained to the referral itself.

The Veteran's claim for service connection for tinnitus was denied. The Board found that the evidence did not support a finding that the current tinnitus had onset during service and that there was no acoustic injury occurring during a period of ACDUTRA or INACDUTRA. For secondary service connection, the Veteran's left knee disability was remanded as the VA examiner did not address whether it was aggravated by his service-connected right knee disability.

The Board has decided to remand the claims for left elbow pain, right elbow pain, left knee pain, and right knee pain due to a lack of an initial examination before the December 2019 decision. The Veteran's service connection claim is being remanded as there may be a nexus between his in-service motor vehicle accident and current elbow and knee pain.

The Veteran's service connection claims for lumbar spine, left and right lower extremity radiculopathy, urinary incontinence, left knee disability, right knee disability, and erectile dysfunction are granted. The Veteran is also remanded to obtain relevant medical records prior to the AOJ decision on appeal.

The Board has denied the Veteran's claims for service connection for Alzheimer's disease, degenerative disease of the cervical spine, left knee disability, left shoulder disability, and lower back disability. The evidence does not support a finding that any of these conditions began during or are otherwise related to active service.

The Veteran's right and left knee braces were found to cause wear and tear on his clothing, leading to the grant of a clothing allowance for both knees in 2020.