Knee decisions — 2024

The Board has decided to remand the case due to inadequate examination findings and a need for further evaluation of the Veteran's right knee disability.

The Board has granted the Veteran's claim for service connection for left TKA s/p meniscectomy with arthritis as secondary to his service-connected right TKA, finding that the current disability was aggravated by the service-connected condition.

The Board has dismissed the appeal as the July 2023 rating decision granted service connection for a right shoulder condition, right knee condition, and tinnitus.

The Veteran's claim for TDIU is being remanded due to a duty-to-assist error. The AOJ needs to obtain any outstanding VA and private medical records from 2018 to 2021 that may be relevant to his service-connected disabilities.

The Veteran's claims for a higher rating for her right knee disability, service connection for left knee disorder, bladder disorder, and gastroesophageal reflux disease (GERD) are being remanded due to pre-decisional duty to assist errors. Additional examinations are required to determine the current severity of her right knee disability and the etiology of her left knee, bladder, and GERD disorders.

The Veteran's claims for bilateral cataracts, bilateral dry eye syndrome, and migraine headaches have been granted with effective dates of May 10, 2022.,Claims for cancer of the right tonsil, amyloidosis of the right leg, amyloidosis of the left leg, a right knee disability, and varicose veins of the lower extremities were denied.

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for right knee degenerative arthritis status post meniscectomy, finding that the evidence did not support such an increase.

The Veteran was granted a TDIU and an increased rating for PTSD, effective April 5, 2019. The decision also noted that the Veteran's service-connected disabilities precluded him from securing and following a substantially gainful occupation.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent throughout the review period. The issue of entitlement to TDIU is dismissed as moot because there is no indication that any single disability alone warrants a TDIU.

The Veteran's tinnitus is denied as there is no evidence of in-service noise exposure or a nexus to service.,An initial disability rating of 10 percent for left knee strain (claimed as left knee pain) is granted, based on painful noncompensable limitation of motion.

The Board has remanded the Veteran's right knee claim due to a pre-decisional duty to assist error, requiring the AOJ to consider any additional evidence submitted.

The Board has determined that the Veteran's claims for service connection are remanded due to a failure to provide VA examinations and adequate medical opinions.

The Board has granted service connection for cervical spine, lumbosacral strain, left knee strain, and right knee strain disabilities. The decision is based on the Veteran's credible lay statements regarding symptoms that began during military service.

The Board denied the Veteran's claim for an effective date prior to February 1, 2008, for a TDIU due to his service-connected right and left knee disabilities. The evidence showed that he earned more than the poverty threshold in 2007, indicating substantially gainful employment.

The Veteran's right knee surgery required a period of convalescence, and the Board has granted a temporary total evaluation based on this need for convalescence.

The Veteran is granted an effective date of September 28, 2015 for a total disability rating based on individual unemployability (TDIU) and eligibility to Dependents' Educational Assistance (DEA). The TDIU was awarded due to the Veteran's service-connected disabilities preventing him from securing and following substantially gainful employment. The DEA eligibility is also granted as of September 28, 2015.

The Board has granted service connection for degenerative arthritis of the thoracolumbar spine, cervical herniated disc, left knee osteoarthritis, and right knee osteoarthritis. The decision is based on a finding that these conditions began during active service.

The appeal to reduce the evaluation of the Veteran's service-connected right knee disability from 40 percent to 10 percent is dismissed as premature and invalid.

The Board has denied service connection for a right ankle disorder, a right shoulder disorder, and a right knee strain (claimed as a right leg injury). The claim of service connection for irritable bowel syndrome (IBS) is remanded due to duty-to-assist errors.

The Board has decided to remand the claims of service connection for right and left knee conditions due to inadequate development in a previous examination. The case will be returned for further development, including an adequate VA examination.