Knee decisions — 2024

The Board has determined that further development is necessary before the Veteran's claim for a total disability rating based on individual unemployability can be adjudicated. The claims file must be updated with the Veteran's SSA records and earning reports, and the case will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extraschedular basis.

The Board has decided to remand the case due to the need for additional medical opinions regarding service connection for obstructive sleep apnea (OSA). The opinions are needed to determine if OSA is caused or aggravated by asthma, and whether obesity/weight gain is a substantial factor in causing OSA. Additionally, the examiner must consider all lay evidence, including the Veteran's statements.

The Veteran's claims for service connection have been reopened, and the Board has granted service connection for recurring facial rash. The cases of right ankle condition, right shoulder condition, and right knee condition are remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for an increased disability rating for left knee degenerative joint disease and service connection for a heart disorder due to insufficient evidence regarding the severity of his conditions from October 21, 2008 onwards. The Veteran's claim for an increased disability rating is remanded for a retrospective opinion on the severity of his left knee DJD. The Veteran's claim for service connection is remanded for further development regarding potential herbicide exposure and to obtain a TERA memorandum.

The Veteran's claims for increased ratings and a separate disability rating for left knee instability are remanded due to inadequate medical evidence in the record.

The Board has remanded the cases for further development and examination to determine the etiology of any right and left ankle disabilities, as well as any right and left knee disabilities. The Veteran's service connection claims are pending.

The Board has remanded the Veteran's claims for low back disability, left knee disability, right ankle disability, kidney disease, heart disease, bilateral hearing loss, tinnitus, and acquired psychiatric disorder due to inadequate efforts in scheduling VA examinations.

The Board has remanded the Veteran's claims for service connection for various foot, hip, and knee conditions due to incomplete records and inadequate examination opinions. The Veteran is seeking service connection for these conditions on the basis that they were aggravated by active duty service.

The Board has granted service connection for cervical spine arthritis, lumbar spine arthritis, left knee arthritis, right leg radiculopathy, and left leg radiculopathy.,All issues related to these conditions have been resolved in the Veteran's favor.

The Veteran's claims for service connection were denied due to lack of evidence showing an increase in disability before the effective dates assigned.,An earlier effective date is not granted as there is no indication that an increase occurred prior to the effective dates assigned.

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed. The Veteran withdrew her appeal of the denial of higher ratings for right knee limited motion, left knee limited motion, right knee instability, for a scar of the right knee, and for allergic rhinitis.,Her request for an effective date earlier than February 26, 2020 for the 10 percent rating previously assigned for allergic rhinitis was also dismissed. The Veteran's appeal for increased PTSD to 70 percent has been granted.

The Board has granted service connection for the Veteran's right knee and right shoulder conditions, finding that these disabilities had their onset in service.

The Board has remanded the Veteran's claim for a TDIU due to his service-connected conditions, including lower right limb amputation, shrapnel injuries, left knee disability, and hearing loss. The AOJ is instructed to obtain information regarding whether the Veteran's employment environment is protected.

The Board has remanded the Veteran's claims for service connection of right knee, right ankle, and left ankle disabilities due to lack of evidence regarding the reported in-service injury. The Veteran should be afforded a VA examination to determine the nature and cause of his current symptoms.

The Board has remanded two issues: entitlement to an initial rating in excess of 10 percent for right knee arthritis based on limitation of flexion and entitlement to a separate rating for symptomatic residuals of right knee semilunar cartilage removal. The Veteran's claims are now pending again.

The Veteran's left knee disability, diagnosed as left knee osteochondral defect, is granted service connection. The low back disorder and neck disorder are denied service connection. Service connection for the sleep disorder (to include sleep apnea) is remanded.

The Board has remanded the cases for further development to obtain missing service treatment records and for medical opinions regarding the Veteran's low back and left knee disabilities.

The Veteran's previously denied claims for service connection of right knee, left knee, and respiratory disabilities have been reopened. The appeal is granted on these issues.

The Veteran's claims for service connection for acquired psychiatric disability, obstructive sleep apnea, left ulnar nerve condition, and right knee disability have been denied. The case is remanded to provide the Veteran with another opportunity for a VA examination.