Knee decisions — 2024

The Veteran's need for regular aid and attendance is due to service-connected disabilities, leading to the grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of being housebound is dismissed as moot.

The Board has granted service connection for bilateral sensorineural hearing loss and readjudicated the low back disability claim. The Veteran's current degenerative disc disease of the lumbar spine is found to be related to his service-connected left great toe and ankle disability.,Service connection for degenerative disc disease of the lumbar spine is granted as secondary to a service-connected condition (left great toe and ankle).

The Board has decided to remand the claims for prostate cancer, PTSD, hypothyroidism, tremors, and a bilateral knee disorder due to their connection with issues pending before the RO. The appellant's claims for accrued benefits and service connection for the cause of the Veteran's death will be reconsidered once these intertwined issues are resolved.

The Board has dismissed the appeals as to tinnitus, low back disability, right knee disability, and left knee disability due to the Veteran's death.

The Board has determined that additional examinations are needed to address the Veteran's claims for service connection due to deficiencies in previous examination reports and failure to evaluate certain disorders.

The Veteran's claims for service connection for a left knee disability, thoracolumbar spine disability, tinnitus, squamous cell carcinoma of the soft palate and tongue, and left shoulder osteoarthritis and impingement syndrome have been readjudicated. The claims for left knee disability and left shoulder osteoarthritis and impingement syndrome are granted, while those for thoracolumbar spine disability, tinnitus, and squamous cell carcinoma of the soft palate and tongue remain denied.

The Veteran's claims for PTSD, bilateral hearing loss disability, and scars status post knee replacement were denied. The appeal was remanded for further action on the issues of service connection for low back pain and right knee degenerative arthritis.

The Veteran's appeal was dismissed because the issues were already pending in the Legacy system and the June 2021 rating decision is not an initial decision for the purposes of applying the AMA.

Service connection is granted for bilateral dry eye syndrome, tinnitus, and migraine headaches. Service connection is denied for acquired psychiatric disorder, hypertension, erectile dysfunction, right knee disability, left knee disability loss, left hip disability, right foot disability loss, lumbar spine disability, and skin rash.

The Veteran's hypertension is not rated as compensable, but his left knee disability has been granted service connection.,The claim for bilateral hearing loss is remanded due to a duty-to-assist error.

The Veteran's PTSD is rated at 70 percent, effective from the date of decision. The maximum schedular ratings of 60 percent for left and right knee total joint replacements are granted as of March 15, 2018.

The Board has granted service connection for right and left knee strain as secondary to the Veteran's service-connected back disability.

The Veteran's claim for earlier effective dates and initial ratings for migraine headaches, back disability, and left knee arthritis was denied.,An initial rating of 50 percent for migraine headaches is granted.

The Veteran's claim for an initial rating higher than 10 percent for migraines has been denied as the evidence does not show that the migraines were manifested by prostrating attacks occurring on an average once a month over the last several months.,The Veteran's claim for an initial rating higher than 10 percent for right knee strain is remanded due to deficiencies in the October 2019 VA examination, including inconsistent findings and lack of information regarding flare-ups.

The Veteran's acquired psychiatric disorder, muscle injury, left and right knee conditions are all granted service connection. The Veteran's PTSD is related to his in-service work as a mortuary affairs specialist. His muscle injury is related to the run during an Army Physical Fitness Test. However, his left and right knee conditions do not have sufficient evidence linking them to service.

The Veteran's right and left hip degenerative arthritis are granted as secondary to his service-connected left knee lateral meniscal tear.,The Veteran's right ear hearing loss is granted due to acoustic trauma in service.

The Board has granted eligibility for attorney fees in the amount of 20% of past-due benefits awarded in a December 2022 rating decision, as the appellant provided representation after notice of the initial August 2020 rating decision and the AOJ found clear and unmistakable error (CUE) in previous decisions.

The Veteran withdrew his appeal, specifically the issues of hypertension as secondary to PTSD and right knee strain, osteoarthritis (limitation of flexion). As a result, the Board dismissed the appeal.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Board has granted service connection for the Veteran's right knee condition, including degenerative arthritis, finding that it had its onset during service and continues to persist.