Knee decisions — 2024

The Veteran's service-connected disabilities, including PTSD, right upper extremity radiculopathy, migraines, left upper extremity radiculopathy, left shoulder slap tear, degenerative arthritis of cervical spine, left knee disability, TBI, tinnitus, asthma, and erectile dysfunction, rendered him unable to obtain and/or maintain substantially gainful employment. The Board finds that the Veteran's service-connected disabilities preclude him from obtaining and maintaining such employment.

The Veteran's degenerative disc disease of the lumbar spine is granted as service-connected. The issues of right knee, left knee, and right foot disabilities are remanded for further review.

The Board has decided to remand the Veteran's claims for higher ratings due to conflicting range of motion measurements in previous examinations. New VA examinations are needed to determine the current severity of his low back, neck, and right knee disabilities.

The Veteran's claim for an extension of a temporary total rating based on the need for convalescence following left knee surgery is being remanded due to a pre-decisional duty to assist error. The Veterans Service Center Manager will determine if an extension beyond the initial six-month period is warranted.

The Veteran's psychiatric disorder claim is remanded due to new evidence indicating a change in diagnosis from borderline personality disorder to bipolar disorder.,The Veteran's left and right knee disability claims are remanded as there is new evidence of ongoing pain since service.

The Board has remanded the Veteran's claims for increased ratings for his left and right knee disabilities, as well as his migraine headaches due to a duty-to-assist error in prior decisions. The claims are being remanded for additional examinations to evaluate the current severity of these conditions.

The Board has remanded the Veteran's claims for service connection for a left knee condition, lower back condition, and bilateral lower extremity radiculopathy due to new evidence submitted after the February 2020 SOC denial.

The Board has remanded the claims for increased ratings and TDIU due to service-connected disabilities, including degenerative arthritis of the lumbar spine, left knee, and left ankle.

The Veteran's service-connected disabilities, including prostate cancer, left ankle disability, tinnitus, left knee disability, and erectile dysfunction, rendered him unable to secure or maintain substantially gainful employment. The Board granted the claim for a total disability rating based on individual unemployability (TDIU).

The Board has found that a new medical opinion is needed to address the Veteran's right knee disability, as the existing opinions do not adequately consider her service treatment records and lay contentions.

The Board has remanded the case due to a failure of VA to obtain potentially relevant VA treatment records from 1980 to September 1998, and for the AOJ to obtain a medical opinion regarding the issue of the entitlement to service connection for a right knee disability.

The Board dismissed the appeals for service connection and rating issues related to low back pain, contact dermatitis, migraine headaches, PTSD, sleep apnea, IBS, left ear hearing loss, bilateral knees, and bilateral shoulders as untimely.

The Veteran's claim for a 60 percent disability rating for the service-connected left below knee amputation with callosity stump is granted. The issues of service connection for a heart condition, entitlement to an earlier effective date for TDIU, and eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 are remanded.

The Board has restored service connection for the Veteran's right knee conditions due to aggravation during military service.

The Veteran is granted a TDIU from August 1, 2018 to September 9, 2019 due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.

The Board has restored a 20 percent disability rating for left knee patellofemoral pain syndrome with instability, effective June 1, 2020. The reduction from 20 percent to 0 percent was improper due to inadequate medical evidence showing sustained and material improvement in the Veteran's condition.

The Board dismissed the Veteran's claims for service connection due to improper appeal form and lack of jurisdiction over the issues.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back and knee disabilities are related to his military service. The VA is instructed to obtain an opinion on this matter.

The Veteran's request for a rating in excess of 10 percent for right arm tendinitis was denied. A total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was granted.

The Veteran withdrew his appeals for service connection for depression, anxiety, a back condition, and a left knee condition.