Knee decisions — 2024

The Veteran's claims are being remanded due to duty-to-assist errors and the need for additional medical examinations. The issues of service connection for various conditions, including right knee osteoarthritis, left knee condition, acquired psychiatric disorder (including PTSD), left hip condition, hearing loss, and cervical degenerative joint disease, will be reconsidered.

The Board has determined that the decision on appeal is not final and requires additional medical opinions to address the correct legal standards and the holding in Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023).

The Board denied service connection for various conditions, including psychiatric disorders, bilateral leg swelling, diabetes mellitus, right knee and ankle pain, left hip pain, chronic back pain, hypertension, headaches, and prostate cancer. The evidence did not support a finding that these conditions were related to service or the presumption of herbicide exposure.

The Board has granted the Veteran's appeal as to service connection for tinnitus, allergic rhinitis and sinusitis. The issues of service connection for left knee, right forearm, right ankle, bronchitis and migraine disorders were denied.

The Board has granted service connection for impairment of the left knee and lower extremity radiculopathy, but denied increased ratings for the Veteran's low back condition and meniscus tear. Attorney fees are awarded based on past-due benefits from a May 2022 Rating Decision.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to her inability to use assistive devices as a normal mode of locomotion.

The Veteran's service-connected disabilities, including back, lower extremities, shoulder, ankle, wrist, and knee conditions, have caused him to be in need of regular aid and attendance. The Board has granted SMC based on the need for aid and attendance.

The Board has remanded the Veteran's claims for service connection due to a lack of appropriate examinations and documentation regarding attempts to conduct those examinations. The issues include bilateral hearing loss, tinnitus, bilateral plantar fasciitis, left knee disability, left hip disability, and spine disability.

The Board has remanded the Veteran's claims of service connection for left knee, low back, right foot, and left foot disabilities due to insufficient evidence regarding their onset during service or a causal relationship to service.

The Veteran's claim for a TDIU prior to September 12, 2017 is being remanded due to the need for referral to the Director of Compensation Service under 38 C.F.R. § 4.16(b) based on evidence indicating she has been unable to secure or follow substantially gainful employment since at least April 24, 2013.

The Veteran's lumbar spine disability is currently rated as 40 percent disabling, but the Board finds no evidence of ankylosis or incapacitating episodes meeting criteria for a higher rating. The scar associated with the lumbar spine disability does not meet the criteria for a compensable rating.,The Veteran seeks service connection for right and left knee disabilities, which are currently not in dispute. However, VA treatment records related to these conditions have not been obtained. The Board must therefore remand to obtain these records.,Radiculopathy of the lower extremities is rated at 20 percent each, with no evidence of higher ratings. Separate ratings for other disabilities associated with the knee are also not warranted.

The Veteran's claims for increased ratings and service connection are being remanded due to the need to obtain additional VA clinical records.,The Veteran's claim for an initial rating in excess of 10 percent for lateral collateral ligament sprain, left ankle is being remanded as he has submitted evidence indicating an increase in his occupational impairment since the October 2016 examination.,The Veteran's claims for service connection for right ear hearing loss and entitlement to a compensable rating for left ear hearing loss are being remanded due to inadequate rationale provided by the VA examiner.,The Veteran's claim for service connection for right knee disability is being remanded as there was no medical evidence of any pre-service injury or condition, and the need for an examination with opinion regarding whether it clearly and unmistakably preexisted service.,The Veteran's claim for service connection for left knee disability is being remanded due to inadequate rationale provided by the VA examiner. The need for an examination with opinion regarding whether it was related to a February 1988 inservice incident is also needed.,The Veteran's TDIU claim is being remanded as there are inextricably intertwined issues that must be addressed first.

The Board has dismissed the appeals for increased disability evaluations for gastritis, left knee strain, and generalized anxiety disorder as the Veteran withdrew his appeal.

The Board has granted service connection for a right knee condition and a right shoulder condition, finding that the Veteran's current diagnoses are linked to his military service.

The Board denied service connection for various disabilities, including back, neck, lower extremity radiculopathy, knee, ankle, and hypertension. The reasons given were that the evidence did not support a finding of in-service injury or disease resulting in these conditions.,Service connection was denied as there was no credible medical evidence linking any current disability to service.

The Board has determined that the November 2018 rating decision should be remanded to issue a Statement of the Case regarding the Veteran's claims for service connection for various conditions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right knee disability is related to service, specifically during his active duty and ACDUTRA periods.

The Board denied service connection for a left knee disorder and a low back disorder, both of which were found not to be related to the Veteran's service or service-connected right knee disorders.

The Board has remanded the cases for additional evidence to be considered and a supplemental statement of the case (SSOC) to be issued.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran's MDD symptoms did not meet the criteria for a higher rating than 70 percent, and his right knee disability did not meet the criteria for higher ratings.