Knee decisions — 2024

The Veteran is granted a TDIU from June 1, 2011, to February 13, 2012, and from August 1, 2013, to December 21, 2016, due to his service-connected bilateral knee and shoulder disabilities.

The Veteran's claims for service connection for right knee disability, left knee disability, sinusitis, and obstructive sleep apnea have been reopened.,These issues are being remanded to the AOJ for further development.

The Board has remanded several issues related to the Veteran's claims for service connection, including right knee, left knee, right ankle, acquired psychiatric disorder (PTSD), hepatitis disorder, and left shoulder disabilities. The decision also referred the issue of service connection for a right shoulder disability back to the AOJ.

The Board denied service connection for right ankle and right knee disabilities as there is no persuasive evidence of current diagnoses or a causal relationship to service.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and records. The issues of entitlement to service connection for anxiety, low back condition, left foot condition, and right knee condition will be considered in light of any new findings regarding his left knee.

The Board has remanded the Veteran's claims for increased ratings for his left knee disabilities and reactive airway disease due to incomplete development. The Veteran is also no longer seeking TDIU.

The Veteran's service-connected disabilities, including IBS, left shoulder rotator cuff syndrome with subdeltoid bursitis, tinnitus, right and left knee arthritis, and bilateral hearing loss, have prevented him from securing or following substantially gainful employment for the appeal period from January 19, 2016, through November 4, 2019. The Board finds that his service-connected conditions alone are sufficient to meet the criteria for a TDIU on an extraschedular basis and excluding periods of temporary total rating.

The Board has denied service connection for various knee, neck, and hip conditions as the evidence does not support a causal relationship between these conditions and active service.

The Board has remanded the case due to issues related to the Appellant's character of discharge and service connection claims for various disabilities. The case will be returned to VA for further development, including obtaining medical opinions regarding the nature and etiology of the claimed conditions.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another person or being housebound has been remanded due to issues with notification and compliance with previous Board directives.

The Board found that the withholding of VA disability compensation benefits for training days in FY 2004 and FY 2014 was proper based on concurrent pay, and denied both appeals.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment prior to May 9, 2022.

The Board denied the Veteran's claim for service connection for joint pain, finding that there was no evidence of a current disability related to his military service. The Board concluded that any joint conditions were less likely than not due to service.

The Veteran's claim for an increased rating for obstructive sleep apnea was granted with a 50% rating effective December 12, 2015. The earlier effective date of September 15, 2015 is based on the evidence showing use of a breathing assistance device (CPAP).

The Veteran's appeal for a rating increase in his service-connected bilateral plantar fasciitis was denied. The Board also remanded the claims for service connection of right knee and left ankle conditions, as well as their relationship to his service-connected bilateral plantar fasciitis.

The Board has determined that the most recent VA examinations are inadequate and remands for further examination to determine the current severity of the Veteran's service-connected disabilities. The claims will be readjudicated after obtaining any outstanding relevant records.

The Veteran's right knee disability, characterized by cartilage damage and slight instability, is now rated at 20 percent from October 10, 2016 to September 28, 2020. The rating for the left hand and lumbar disabilities remains pending.

The Veteran's acquired psychiatric disability is granted as secondary to his service-connected disabilities.,Service connection for hearing loss is denied.

The Veteran's left knee degenerative joint disease is currently rated at 40 percent, based on limitation of extension. The appeal for a higher rating remains denied.

The Board has decided to remand the issues of entitlement to earlier effective dates for increased ratings for bilateral knee disabilities and to schedule a VA examination. The Veteran's claims are being returned to the AOJ for further action.