Knee decisions — 2024

The Board has remanded the cases for additional development due to insufficient evidence regarding the etiology of the Veteran's claimed disabilities, particularly in relation to service connection.

The Veteran's service connection for obstructive sleep apnea is granted. The Board has also remanded the issues of ratings in excess of 10 percent on and prior to November 8, 2019, for right knee retropatellar pain syndrome and left knee retropatellar pain syndrome.

The Board denied the Veteran's claims of service connection for left and right knee conditions, finding that there was not sufficient evidence to establish a link between the current disabilities and an in-service injury or disease.

The Board has remanded the claims for service connection for right knee and low back disabilities as secondary to service-connected left knee and right foot disabilities due to a lack of VA medical opinions addressing these issues.

The Veteran's service-connected Osgood Schlatter disease of the left knee and right knee have been granted an initial 10 percent rating effective July 20, 2012.

The Board has granted service connection for the Veteran's left knee meniscal tear, finding that the evidence is approximately evenly balanced as to whether it is related to his active-duty service. As a result of resolving reasonable doubt in favor of the Veteran, the claim is now granted.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a disability level of hearing loss that qualifies for VA compensation purposes.,The Veteran's claims for service connection for upper back problem and right knee pains are remanded due to inadequate examination findings. The claims for left knee pain are also remanded.,The Veteran's claim for service connection for left knee pain is remanded as well.

The Veteran's appeal is remanded for additional development to determine the nature, dates of initial onset, and etiologies of her claimed disabilities. The AOJ must provide appropriate VA examinations and obtain medical opinions regarding whether the Veteran's in-service exposures resulted in her claimed disabilities.

The Veteran's claim for special monthly compensation based on aid and attendance is denied because he does not require regular aid and assistance due to his service-connected conditions, which are primarily related to non-service-connected disabilities.,The Veteran's claim for special monthly compensation based on housebound status is also denied as he does not meet the statutory criteria for permanent confinement to his immediate premises due to service-connected disabilities.

The Board has determined that the VA examinations used to rate the Veteran's service-connected disabilities are inadequate and remanded for further examination. The issues of rating higher than 20 percent for lumbosacral strain, rating higher than 10 percent for right knee strain with lateral and medical collateral ligament strain, status-post meniscal repair, service connection for left shoulder rotator cuff tear, service connection for right shoulder rotator cuff tear, and service connection for unspecified anxiety disorder are all remanded.

The Board has remanded the claims of service connection for a respiratory disability, bilateral foot disabilities, and bilateral knee disabilities due to duty to assist errors. The Veteran's assertions regarding his current conditions are considered.

The Board has remanded the Veteran's claims for erectile dysfunction, left knee disability, and hypertension due to pre-decisional duty to assist errors. The effective dates are not yet determined.

The Veteran's total combined rating reached 100 percent on September 21, 2020, which is the effective date for his basic eligibility to Dependents' Educational Assistance (DEA). The appeal is denied as the criteria for an earlier effective date are not met.

The Veteran's appeals for earlier and increased ratings for his right hip degenerative joint disease, impairment; limited extension; limited flexion; and right knee status-post knee replacement have been dismissed. The appeal for an earlier effective date for TDIU prior to May 1, 2014 has also been dismissed.

The Veteran withdrew his claims for increased ratings and TDIU related to bilateral pes planus with degenerative arthritis and plantar fasciitis, right knee degenerative arthritis, and a scar from right knee arthroscopy. The appeals are dismissed.

The Veteran's appeal for an earlier effective date for service connection of left knee strain and chondromalacia based on limitation of flexion and extension was dismissed as the Veteran requested to withdraw his appeal.

The Veteran is granted a Total Disability Rating Due to Individual Unemployability (TDIU) from January 1, 1998.,Basic eligibility for Dependents' Educational Assistance (DEA) benefits began on January 1, 1998.

The Board has determined that new and relevant evidence has been submitted, warranting a readjudication of the claims for service connection for right knee arthritis and instability. The case is being remanded to allow the AOJ to consider this new evidence.

The Veteran's bilateral knee arthritis is rated based on limitation of motion, with a maximum rating of 10 percent for each knee. The Veteran was granted separate 10 percent ratings for left and right knee instability.,Service connection for GERD and erectile dysfunction is remanded due to duty-to-assist errors.

The Veteran's TDIU rating, which included his PTSD, knee, and ankle conditions, was granted. The Board found that the granting of SMC based on housebound status should be restored because there is a factual question regarding whether the Veteran was housebound.