Knee decisions — 2024

The Board has remanded the Veteran's claims for right knee and back conditions due to insufficient medical opinions regarding their etiology. The Veteran is entitled to a new examination to determine if his current conditions are related to service.

The Veteran's claims for service connection for an acquired psychiatric disability to include major depressive disorder and posttraumatic stress disorder, a left knee injury, and a low back disability have been granted. The Board found that the evidence supported these claims based on in-service events and continuous symptoms since separation.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical opinions regarding his knee disabilities, as well as a referral to the Director of Compensation and Pension Service for extraschedular consideration.

The rating reduction for hepatitis B from 20 to 10 percent, effective September 15, 2020, was proper. The Veteran's MDD manifestations prior to August 3, 2020, and thereafter, did not meet the criteria for a higher than 70 percent or 100 percent rating, respectively.

The Board has granted the Veteran's claims for service connection for TMJ disorder and left knee tendonitis, finding that new evidence supports these determinations.

The Board has remanded the claims for service connection for left hip, right knee, and left knee disorders due to deficiencies in medical opinions and a need for additional VA examinations.

The Board has dismissed the claim of service connection for bilateral flatfoot as it was filed after a prior appeal on the same issue. The claims for lower back, left knee, and right knee disabilities are remanded.

The Board has found pre-decisional duty-to-assist errors in the Veteran's case and requires VA examinations to be conducted. The claims for an increased disability rating for his service-connected right knee disability and TDIU are both REMANDED.

The Board has decided to remand all issues on appeal due to the need for additional VA treatment records. The Veteran's claims for service connection are being returned for further review.

The appeal to reduce the disability rating for the Veteran's right knee disability from 30 percent to 10 percent is dismissed because the reduction was not yet effective at the time of the Veteran's Notice of Disagreement.

The Veteran's right knee disability is rated at 30 percent, and the Board found that a higher rating was not warranted based on the evidence of record.

The Board has remanded the Veteran's claims for service connection due to a pre-decisional duty to assist error. The right knee disability and acquired psychiatric disorder claims are being reviewed again, with requests for additional medical records and an examination.

The Veteran withdrew his appeals for the issues concerning increased ratings for his lumbar spine, left knee, and right knee disabilities. The appeals are therefore dismissed.

The Board has remanded the claims for increase ratings for right knee limitation of extension and flexion due to a duty to assist error. A VA examination is required to assess functional loss in terms of range of motion during flare-ups and repetitive use.

The Board has remanded the evaluations for left and right shoulder osteoarthritis, as well as the evaluation of left knee osteoarthritis. The effective dates remain pending.

The Board denied the Veteran's claim for service connection for a left knee disability, finding that there was no in-service injury or event with respect to the left knee and that the current disability is not shown to be causally related to a disease or injury incurred during active service.

The Veteran's bilateral hearing loss is not compensable, as the VA examination revealed no worse than Level IX in the right ear and Level I in the left ear.,There is no confirmed diagnosis of a gallbladder disability. The Veteran's current knee conditions are related to service due to trauma from crawling on his knees.

The Veteran's claim for an earlier effective date of July 18, 2013, for the grant of entitlement to a TDIU is granted. The Board found that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities since at least July 2014.