Knee decisions — 2024

The Veteran's claims for service connection for migraines, right elbow disability, and knee disabilities are remanded due to the need for additional medical examinations.

The Board has denied the Veteran's claims for service connection for herniated disc, flat feet condition, right knee condition, and left knee condition. The case is remanded to consider potential participation in a TERA due to the Veteran's military occupational specialty as a petroleum supply specialist.

The Veteran's appeals for service connection were dismissed due to a procedural defect in the submission of his VA Form 10182, Decision Review Request: Board Appeal.

The Board has granted an initial disability rating of 20 percent for right knee chondromalacia, effective from March 10, 2020. The Veteran's limitation of flexion is at worst 30 degrees.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance and/or housebound status has been denied as he does not meet the statutory criteria for SMC due to his service-connected disabilities.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded due to duty-to-assist error in the January 2020 VA examination.

The Veteran's claim for service connection for sleep apnea is granted. The Board also remanded the claims for increased disability ratings for cervical strain and degenerative arthritis, left shoulder traumatic rotator cuff lesion residuals, right knee arthritis, left knee degenerative arthritis, chronic bronchitis, and bilateral hearing loss.

The Veteran's residuals of prostate cancer are rated at a 20 percent rating effective February 28, 2023. The Veteran's left knee degenerative arthritis post TKR is rated at 30 percent and remains unchanged.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the Veteran's claims for service connection for a left knee disability, low back disability, and tinnitus.,Service connection is granted for the Veteran's right knee disability.

The Board has granted service connection for left knee disability and lumbar spine disability as secondary to the Veteran's service-connected right knee degenerative arthritis, based on a private medical opinion that supports an altered gait and posture theory.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, back, and shoulder disorders. The wrist and right knee disorder claims are remanded due to a failure to provide a VA examination.

The Veteran's claims for service connection for obstructive sleep apnea and a left knee condition were previously denied in an August 2010 rating decision. The Board dismissed the appeal as no new rating decision was issued on or after February 19, 2019, to which the Veteran could have appealed.

The Board has found that the Veteran's tinnitus is related to his active-duty service. The left knee condition issue is remanded for further examination and opinion.

The Board has determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and therefore grants a total disability rating based on individual unemployability.

The Board has remanded the Veteran's claims for increased ratings for various knee and elbow disabilities, as well as bilateral carpal tunnel syndrome. The AOJ is required to obtain VA medical opinions regarding the severity of the left knee disability and the etiology of the Veteran's bilateral Dupuytren's Contracture.

The Board has decided to remand the claims for service connection for right and left knee disorders due to a duty-to-assist error in obtaining the Veteran's STRs. A VA examination is needed to determine if the Veteran's knee disorders are related to his military service.

The Board dismissed the Veteran's claims for service connection for various conditions as the appeal was not timely filed and concurrent elections are prohibited.

The Veteran's claim for service connection for right knee degenerative arthritis is granted. The Board also granted a non-compensable initial rating for GERD and a 30 percent rating, but no higher, for allergic rhinitis since November 12, 2019.

The Veteran's right hip disability is rated at 90 percent effective October 6, 2009. The left knee and left knee instability are each rated at 20 percent effective October 6, 2009. TDIU and SMC benefits are granted effective October 6, 2009.

The Board has remanded the claims for an earlier effective date and increased ratings for right knee and hip disabilities due to new evidence being submitted.

The Board has granted service connection for the Veteran's back, right ankle, and right knee disorders. The conditions are found to be related to his active duty service.