Knee decisions — 2024

The Board has granted service connection for a right knee disorder and a left knee disorder, finding that the Veteran's current knee disorders are related to his military service.

The Veteran's left knee synovitis is rated at 10 percent for slight instability and a separate 10 percent rating for painful, noncompensable limitation of motion. The decision grants these initial disability ratings from June 17, 2019.

The Veteran's claims for service connection are being remanded due to the need for additional verification of his periods of active duty, active duty for training, and inactive duty for training with the New York Army National Guard and the Army Reserve.

The Veteran's claim for an earlier effective date of January 31, 2020, to add his dependent adult son to his compensation award is granted because the qualifying disability rating became effective on that date and he submitted his request within one year.

The Veteran's claim for an earlier effective date for left knee strain with bursitis and tendonitis was denied as the evidence did not show a diagnosis or functional impairment prior to October 17, 2016.

The Board denied the appeal as the grants of service connection for left and right knee patellofemoral pain syndrome were proper, and restoration was not warranted.

The Veteran's lumbar spine disability is currently rated at 10 percent, but does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right knee disability is currently rated at 10 percent, and does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right ankle disability has not been manifested by marked limitation of motion.

The Veteran's increased ratings for left and right knee osteoarthritis were denied as his conditions did not meet the criteria for a higher rating.

The Veteran's initial compensable rating for a left knee scar is denied, and her restoration of a 20 percent rating for cervical spine disability, effective October 1, 2020, is granted. The ratings for higher evaluations for the cervical spine disability are remanded.

The Veteran's service connection for a left knee disability is denied. The Board finds that the current left knee disability did not manifest during or immediately after service and is unrelated to service. A TDIU from March 6, 2019 to August 4, 2020 is granted based on multiple service-connected disabilities resulting in an overall combined rating of 80 percent.

The Board denied the appellant's eligibility for direct payment of attorney fees based on past-due benefits awarded in the December 2022 rating decision because the appeal was not an initial claim, but rather a supplemental claim filed more than a year after the initial decision.

The Veteran's claim for a higher rating for sinusitis is denied, and his claims for TDIU prior to September 21, 2018 are also denied. His TDIU from September 21, 2018 is moot due to the grant of SMC at the S-1 level.

The Veteran's appeals were dismissed due to his death. No service connection decisions were made.

The Veteran's claim for service connection for tinnitus is granted. The claims for left knee condition and bilateral hearing loss are remanded due to procedural errors.

The Board has remanded the claims of entitlement to service connection for left knee condition, right knee condition, and right hand, middle finger condition due to incomplete consideration of evidence.

The Board has decided that the Veteran's right knee arthritis and total knee replacement are related to his service-connected left knee disability, but needs further examination to determine if this is true.

The Board has granted the Veteran's claims for service connection for bilateral knee conditions, finding that new and relevant evidence supports a finding of in-service incurrence or aggravation of these conditions.

The Veteran's initial rating for his back disability, right knee disabilities (including right lower extremity radiculopathy), and left knee disabilities have been denied. The appeals are based on the severity of these conditions without any indication of service connection through a presumption or secondary theory.

The Board has granted service connection for left and right knee patellofemoral degenerative joint disease, finding that the conditions are at least as likely as not related to in-service injuries.

The Veteran's claims for service connection have been remanded due to new and relevant evidence received since the last final denial. The Board will consider all evidence of record, including lay statements from the Veteran's wife and a nurse, in determining whether there is a link between his current conditions and military service.