Knee decisions — 2024

The Veteran's service-connected disabilities, including major depressive disorder with alcohol use disorder and other substance use disorder, chronic knee strain, residuals of left knee injury, tinnitus, and allergic rhinitis, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU.

The Board has determined that the Veteran's left knee disability is related to his active duty service, and thus grants service connection for this condition.

The Veteran's right knee disability, characterized by instability and dislocated semilunar cartilage with frequent episodes of 'locking', pain, and effusion into the joint, is rated at a separate 20 percent for his right knee dislocated semilunar cartilage condition. The rating in excess of 10 percent for instability of the right knee remains denied.

The Veteran's appeal for service connection for treatment purposes only under 38 U.S.C. Chapter 17 for adjustment disorder with mixed disturbances of emotions and conduct, personality disorder is dismissed as the issue has been fully granted. The claims for bilateral hearing loss, left hand disability, right hand disability, left knee disability, and right knee disability are all denied.

The Veteran's service-connected disabilities, including migraine headaches, bilateral knee strain, shin splints, lumbar and thoracic strains, and hypertension, render her unable to obtain or maintain substantially gainful employment.

The Veteran's service-connected disabilities, including his back, hip, and knee conditions, have rendered him in need of regular aid and attendance due to mobility issues that prevent him from performing daily activities independently. The Board has determined that the evidence supports granting SMC based on this need.

The Veteran was granted TDIU and SMC under the provisions of 38 U.S.C. § 1114(s) for unemployability due to service-connected disabilities, with an effective date of February 10, 2014.,DEA benefits were also granted from February 10, 2014.

The Board has remanded the case due to insufficient evidence of a compensable service-connected disability for the left knee and dental disorder. The Veteran's claim for an increased rating for his left knee disability is denied, as there is no evidence of more than 10 percent limitation of motion or instability warranting a higher rating.

The Veteran's claims for service connection for a back condition, bilateral hip condition, and bilateral knee condition have been remanded due to new evidence received after the final June 2022 rating decision.,Service connection has not been established for migraines.

The Veteran's claim for service connection for bilateral pes planus is denied as there is no current diagnosis of the condition and it is not related to service or a service-connected disability.,Service connection is granted for tinnitus, with reasonable doubt resolved in favor of the Veteran. The evidence is at least balanced as to whether his tinnitus began during service.

The Board has remanded the claims for chronic diarrhea, left and right hip, knee, and shoulder disabilities due to insufficient medical opinions addressing the Veteran's lay contentions regarding the onset and continuation of his symptoms.

The Veteran's appeal for an increased rating in excess of 50 percent for PTSD has been dismissed.,The Veteran's claim for service connection for bilateral flat foot, fallen arches is dismissed due to the concurrent review request filed on May 19, 2022.,The Veteran's claims for service connection for a bilateral hip disability and a bilateral knee disability have been denied as there is no credible evidence of current disabilities.,The Veteran's claim for service connection for a lumbar spine disability has been denied due to the lack of competent medical evidence of a current disability.,The Veteran's claim for service connection for obstructive sleep apnea has been denied based on insufficient evidence.,The Veteran's claim for a compensable rating for bilateral hearing loss has been dismissed as there is no new and relevant evidence submitted after the initial decision.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and a TDIU is granted. The issues of increased ratings for various conditions are remanded.

The Veteran's claim for service connection for PTSD is dismissed as the claim has been fully granted. The claim for a tooth condition is denied due to lack of current disability. The claim for a right knee condition is remanded for further evaluation.

The Veteran's left hip disability is currently rated at 10 percent for limitation of extension and flexion, but not more than this.,The Veteran's bilateral knee disabilities are both rated at 10 percent.,The Veteran's thoracolumbar spine degenerative arthritis is also rated at 10 percent.

The Veteran's claims for effective dates and increased ratings for bilateral knee conditions are remanded due to a duty-to-assist error in the January 2022 VA examination.

The Veteran's service-connected disabilities do not currently demonstrate an actual need for special monthly compensation based on the need for regular aid and attendance.

The Board has remanded the claims of service connection for bilateral hearing loss, left knee strain, and right knee strain due to inadequate medical opinions in the September 2021 DBQ.

The Board has remanded the Veteran's claims for service connection for left and right knee disabilities due to a duty to assist error in the previous examination.

The Veteran's claims for service connection for bilateral ankle and knee disorders are being remanded due to the receipt of new and relevant evidence. The AOJ will now consider these claims on their merits.