Knee decisions — 2024

The Veteran's claims for a rating in excess of 10 percent for her right knee disability and an initial compensable rating for her skin disorder were denied. The Board found that the Veteran's service-connected right knee disability did not meet the criteria for a higher rating, as it was manifested by degenerative arthritis with painful noncompensable motion and stiffness but not limited flexion or extension.

The Veteran's claims for service connection for various conditions were denied as new and material evidence was not received to reopen the claims. The Veteran does not have a current diagnosis of any of the claimed conditions, and there is no link between his active duty service and these conditions.

The Board has remanded the Veteran's claims for additional development, including obtaining SSA records and providing VA medical opinions regarding the etiology of his claimed conditions. The claims are being returned to the AOJ for further action.

The Board has determined that the VA examiners' opinions regarding the Veteran's ankle, knee, and hip disabilities are inadequate. Therefore, the case is being remanded for further examination and opinion.

The Veteran's right elbow degenerative joint disease with olecranon bursitis is granted a 60 percent evaluation prior to July 31, 2020. A higher rating for this condition is denied since that date.

The Veteran's claims for service connection for right knee condition, obstructive sleep apnea, right wrist carpel tunnel, and left wrist carpel tunnel have been granted.,A 10 percent rating has been assigned for bilateral tinnitus.

The Veteran's effective date for left foot metatarsalgia is granted as October 5, 1968. Service connection for back impairment, left hip impairment, and right hip impairment are all granted as secondary to the left foot metatarsalgia.

The Board is remanding the case due to ambiguities in the record regarding the propriety of overpayment creation, the validity of the amount of debt accrued during incarceration, and the basis for service connection and rating of disabilities including 'right knee status post arthroscopy'. The issues include challenges to the creation of an overpayment based on the Appellant's felony convictions, the validity of the amount of his debt accrued during incarceration, and the relationship between the overpayment and apportionment. Further investigation is needed into the service connection for right knee conditions.

The Board has found that new and material evidence has been received to reopen the previously denied claim of entitlement to service connection for bilateral hand arthritis. As such, there is no longer any due process error that requires a second Board hearing; the JMR did not find any errors in the hearing with respect to the other claims.

The Board has granted service connection for a low back disability, right knee disability, and left knee disability. The conditions are deemed to have begun during active service.

The Veteran's appeals for higher ratings on his right and left knee conditions, as well as service connection for degenerative arthritis of the lumbar spine and cervical spine, are being remanded due to new evidence received since the last adjudication. Clarification is needed from a VA examiner regarding whether these conditions are related to his service-connected knee disabilities.

The Veteran's appeal is remanded for further development, including VA examinations to assess the severity of his service-connected PTSD, back condition, and RLE radiculopathy. The Veteran's claims for headaches, right knee condition, left knee condition, and TDIU are also remanded.

The Veteran's knee disabilities are being remanded for further evaluation due to the recent total knee replacements and the need for a new VA examination.

The Board has determined that the Veteran's chronic right knee disability is due to his active service and grants the claim for service connection.

The Board has determined that new VA examinations are necessary to assess the current severity of the Veteran's service-connected PTSD and right knee disabilities, as well as to determine the nature and etiology of his back and neck disabilities. The claims for increased ratings for PTSD and right knee disability remain pending.

The Board has determined that the issue of TDIU from February 17, 2023 is moot due to the Veteran's acquired psychiatric disorder receiving a 100% rating. The claim for TDIU prior to February 17, 2023 is remanded for extraschedular consideration.

The Board has decided to remand the claims for hepatitis C and left knee sprain due to insufficient medical opinions. The cause of death claim is also remanded as it is inextricably intertwined with the service connection claims.

The Board has determined that additional development is needed to assess the current severity and manifestations of the Veteran's service-connected right and left knee disabilities, including testing for range of motion and addressing any instability or functional loss.

The Board granted a separate rating of 20 percent for left knee dislocated semilunar cartilage and increased the existing 10 percent ratings for limitation of motion and instability. The Veteran's left knee disability is currently rated as 30 percent disabling.

The Board has remanded the cases for further development and examination to determine the nature and etiology of the Veteran's elbow, knee, and skin disabilities.