Knee decisions — 2024

The Board has identified errors in the duty to assist and has ordered remand for additional VA examinations to determine the nature and etiology of the Veteran's claimed OSA and Right Knee Disorder, as well as whether a TDIU is warranted.

The Board has decided to remand the claims of increased ratings for service-connected knee disabilities due to inadequate VA examinations and a need for further evaluation.

The Veteran's claim for service connection for insomnia is granted. The claims for left shoulder, low back, right hip, and left knee disorders are remanded due to a pre-decisional error in failing to provide VA examinations.

The Veteran's service-connected disabilities, including PTSD, tinnitus, ankle sprain, hemorrhoids, foot and knee strains, bilateral hearing loss, and erectile dysfunction, prevent him from obtaining and retaining substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's right and left knee disabilities, including instability, are rated at 20 percent each since October 13, 2020. The Veteran is not entitled to higher ratings for these conditions.

The Board has denied service connection for right knee, left knee, right ankle, and left ankle conditions. The claims of service connection for low back condition and left hand injury are being remanded.

The Board has decided to remand the Veteran's claim for automobile or other conveyance and adaptive equipment due to pre-decisional duty-to-assist errors, specifically failing to obtain private treatment records related to his right knee disability.

The Veteran's right knee osteoarthritis is granted as service connected. The claims for acquired psychiatric disorder, left knee disability, hypertension, and erectile dysfunction are remanded due to exposure to toxins at Camp Lejeune.

The Veteran's right ear scar is not productive of characteristics of disfigurement, visible or palpable tissue loss, or gross distortion or asymmetry. The claim for a compensable rating for the right ear scar is denied.

The appeals for service connection for bilateral knee tendonitis and bilateral plantar fasciitis are dismissed due to the death of the appellant, who was substituted as the surviving spouse.

The Board has determined that the VA examinations obtained prior to the September 2020 rating decision were inadequate and remanded for further action. The Veteran's left shoulder, right knee, left knee, cervical spine (including radiculopathy and spondylosis), and back disabilities are all being remanded due to duty-to-assist errors.

The Veteran's appeals for increased ratings for service-connected left knee strain and right ankle lateral collateral ligament sprain were denied. The Board found that the evidence did not support a rating in excess of 10 percent for either condition.

The Board has decided to remand the case due to a failure of the VA examiner to consider the Veteran's statements and provide an adequate examination. The Veteran is requested to undergo a VA examination to determine the nature, extent, and etiology of his right knee condition.

The Board has determined that the Veteran's status post left total hip replacement is secondary to his service-connected left knee tendonitis, and thus grants service connection for this condition.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected lumbosacral spine, right knee, and left knee disabilities. His headaches are rated at the maximum schedular disability rating of 50 percent. The Veteran's lumbosacral strain is not higher than 20 percent.

The Veteran's appeal for service connection on all listed conditions was dismissed due to his disagreement with the denial of left flatfoot, which was granted in a prior decision. The remaining issues are remanded.

The Board has found pre-decisional error in the November 2019 rating decision and requires VA examinations to cure the error. The claims for service connection are REMANDED.

The Veteran's right shoulder, right knee (with limitation of flexion), and left knee disabilities have been rated based on their respective limitations. The current ratings do not meet the criteria for a higher rating in any of these cases.

The appeals for the ratings of bilateral hearing loss, and service connection for right knee and left knee conditions have been dismissed due to the appellant's death.

The Board has restored the original ratings of 30 percent for both right and left knee disabilities, finding that there was no actual improvement in the Veteran's ability to function under ordinary conditions of life and work.