Knee decisions — 2024

The Board denied the Veteran's claims for service connection for a left knee disorder and a right hand disorder, including as secondary to his service-connected PTSD. The Board found that there was no evidence linking these conditions to service or service-connected PTSD.

The Board denied the Veteran's claims for service connection for bilateral carpal tunnel syndrome and right knee disability, finding that there was no evidence linking these conditions to his active duty service.

The Board has decided to remand the Veteran's claims for further development due to missed VA examinations. The Veteran will need to be contacted by the RO to confirm his availability for these exams.

The Board has remanded the claims for extraschedular disability ratings and TDIU due to a lack of clarity in whether the Veteran's depression is related to his service-connected right knee disabilities. The case will be referred to the Director of Compensation Service for further consideration.

The Board denied the Veteran's claims for a separate rating for limitation of flexion prior to March 29, 2023 and for a higher rating for limitation of flexion beginning March 29, 2023. The claim for eligibility for financial assistance for automobile or other conveyance and adaptive equipment was granted.

The Board has determined that the issues of service connection for hearing loss, traumatic brain injury (TBI), a cervical spine disability, a thoracolumbar spine disability, a right knee disability, a left foot disability, and a right foot disability should be remanded due to an error in docketing.

The Board dismissed the issue of service connection for obesity. The issues of service connection for an acquired psychiatric disorder, left knee disability, left ankle disability, right ankle disability, headaches, and obstructive sleep apnea are remanded.

The Veteran's right knee has been granted ratings for recurrent subluxation or lateral instability, dislocated semilunar cartilage with frequent episodes of 'locking', pain, and effusion, removal of symptomatic semilunar cartilage, limitation of flexion, and limitation of extension throughout the appellate period.

The appeal for higher initial ratings and SMC rates for the Veteran's right knee disability is being remanded due to outstanding records and the need for a new examination.

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

The Board has remanded the Veteran's claims for a VA examination that fully addresses his functional loss during flare-ups, following repeated use over time, and/or any functional loss caused by considerations set forth in 38 C.F.R. § 4.45.

The Veteran's appeals for increased ratings and TDIU were denied. The right knee disability was rated at 10% prior to August 28, 2018, and the left knee disability was rated at 10% prior to May 29, 2018, with a 30% rating granted since December 13, 2022. The Veteran is now receiving TDIU effective June 20, 2015.

The Veteran's appeal for an increased rating for left knee arthritis manifested by limitation of flexion was denied because he failed to report for a scheduled VA examination without showing good cause.

The Board has remanded the claims of service connection for left and right shoulder and knee disorders due to the need for updated medical opinions.

The Veteran's service connection claims for right and left knee arthritis, as well as his hearing loss, are granted. The Veteran is assigned a 20% rating for bilateral hearing loss from April 24, 2023 onwards.

The Board has remanded the issues of service connection for right and left knee disabilities due to inconsistencies in the January 2020 VA examination report and the need for new medical opinions.

The Veteran's right knee status post total knee replacement is rated at 60 percent since March 1, 2022. The Board denied an increased rating in excess of 60 percent for his right knee condition. He was granted a TDIU from February 16, 2011, to January 8, 2021, and DEA eligibility based on permanent and total disability status until March 1, 2022.

The Board denied the Veteran's claim for service connection for a low back condition, including secondary to his service-connected left knee condition. The evidence did not support a finding that the current low back condition was caused by any incident of service or his service-connected left knee condition.

The Board has remanded the Veteran's claims for right knee degenerative arthritis, left knee degenerative arthritis, degenerative arthritis of the lumbar spine, cervical spinal stenosis with degenerative arthritis, radiculopathy of the upper and lower extremities, and an acquired psychiatric disorder (including PTSD, anxiety, and depression) due to new evidence not having been considered in the first instance.

The Board has determined that additional development is needed to determine the relationship between the Veteran's current right knee and right ankle disabilities and his military service. The case will be remanded for further examination and opinion.