Knee decisions — 2024

The Veteran's tinnitus is granted as service connection due to in-service acoustic trauma.,No current right arm disability, GERD, or fungal foot condition was found.,Service connection for fungus of the feet is denied.,Bilateral knee disability and facial cyst are remanded for further development.,Service connection for hypertension is remanded.,Minimal small vessel periventricular ischemic white matter disease is remanded as secondary to hypertension.,Chronic headaches are remanded.

The Board has dismissed all appeals for rating increases and service connection due to the Veteran's death.

The Veteran's migraine headache disability is granted an initial 10 percent rating.,The Veteran's erectile dysfunction disability does not warrant a compensable rating.

The Veteran's claims for service connection for obstructive sleep apnea, a thoracolumbar spine disorder, and a right knee disorder have been readjudicated. The Board finds new and relevant evidence has been received sufficient to reopen these claims.,Service connection is granted for obstructive sleep apnea as secondary to the Veteran's service-connected left knee disorders.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment prior to April 1, 2016. Therefore, the claim for a total disability rating based on individual unemployability (TDIU) is denied. The Veteran also does not meet the criteria for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 prior to April 1, 2016.

The Board has determined that the evidence is insufficient to make a determination on whether the Veteran's bilateral knee arthritis is related to service, or if it is caused by his service-connected bilateral ankle arthritis. The case is being remanded for further examination and opinion.

The Veteran withdrew his appeals for service connection of various knee, hip, and elbow disorders as well as cold injury residuals (frostbite) of the right foot. The Board dismissed all issues in this appeal.

The Board has denied service connection for various conditions, including back disorder, right and left lower extremity neurological disorders, right knee status post ACL tear repair disorder, right shoulder degenerative arthritis, and left shoulder degenerative arthritis. The evidence does not support a finding of current disabilities or a link to service.,The Veteran's claims for service connection have been denied as there is no persuasive weight of the evidence showing current disabilities or a relationship between any claimed conditions and service.

The Veteran's tinnitus, right ear hearing loss, and left ear hearing loss are granted service connection. The Veteran's right knee disorder and acquired psychiatric disorder (PTSD, alcohol use disorder, and intermittent explosive disorder) are remanded for further review.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran withdrew her appeal regarding the service connection claims for left knee condition, right knee condition, and vertigo.

The Board has remanded the claims for low back disability, radiculopathy of lower extremities, neck disability and associated radiculopathy, sleep apnea, and psychiatric disability due to incomplete information.

The Board has remanded the Veteran's claims for a rating in excess of 30 percent for residuals of a total right knee replacement and for TDIU due to his service-connected residuals of a total right knee replacement. The AOJ is instructed to request completion of VA Form 21-8940 from the Veteran, review the additional evidence associated with the claims file since the issuance of the October 2020 SSOC, and readjudicate both claims.

The appeals for increased ratings and service connection were denied due to untimely filing of the Notice of Disagreement (NOD).,The appeals for increased ratings and service connection were denied due to untimely filing of the Notice of Disagreement (NOD).

The Board denied the Veteran's claims for effective dates prior to May 1, 1998, for separate 10 percent ratings for left knee instability and symptomatic residuals post left knee meniscectomy.

The Board denied the Veteran's claims for an initial disability rating in excess of 10 percent for right and left knee strains, finding that his bilateral knee disabilities manifested with painful motion but without significant functional loss or instability.

The Board has remanded the claims due to new evidence added since the January 2021 supplemental statement of the case, including a March 2024 VA examination.

The Board has determined that the Veteran's left knee disability is at least as likely as not related to his in-service injury, and service connection for this condition is granted.

The Board has remanded the claims for lichen planus and left knee disability due to incomplete records, including private treatment records from a VA dermatologist and non-VA orthopedist. The Veteran is also required to provide information about all medical providers who have treated him.

The Veteran's appeal for increased ratings on multiple service-connected disabilities has been dismissed due to withdrawal of claims by the Veteran and his attorney.