Knee decisions — 2024

The Board has remanded the Veteran's claims for service connection of bilateral knee and ankle disabilities due to insufficient medical guidance on their etiology.

The Board has remanded the claims for service connection for various conditions due to new and material evidence having been received. The claims are now pending for further examination and opinion.

The Board has remanded the case for further development and opinion regarding service connection for a left knee disability, including osteochondritis dissecans. The Veteran's statements about his symptoms are to be considered in forming opinions.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, leading to the grant of SMC based on aid and attendance.

The Board has dismissed the Veteran's claims for service connection for various conditions, including left ankle, shoulder, elbow, forearm, wrist, hand, right ankle, sleep apnea, bilateral knee disabilities, sinusitis, and PTSD. The issues have been remanded for further development in several cases.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's service-connected conditions and his sleep apnea, specifically whether they cause or aggravate his condition.

The Veteran's appeal for service connection for a back condition, including as due to a right knee disability is being remanded due to procedural issues.

The Veteran's left knee arthritis with limitation of flexion was denied for ratings in excess of the assigned levels. His left knee instability was also denied. The case is remanded for further evaluation and rating considerations.

The Veteran's appeal is remanded due to the need for additional examinations and assessments of his left knee disability, including functional loss during flare-ups and after repeated use.

The Veteran's bilateral knee disabilities and degenerative disc disease L5-S1 are rated as noncompensably disabling. The right and left knee disabilities each receive a 10 percent rating for limitation of extension, while the L5-S1 disability receives a 20 percent rating prior to September 24, 2018, and a 40 percent rating thereafter. The Veteran's appeal is remanded for further examination regarding his back disability.

The Board has dismissed all claims due to the appellant's withdrawal of her appeal.

The Veteran's petition to reopen the claim of entitlement to service connection for a low back injury was granted, and secondary service connection for a low back disability due to his bilateral knee disability is also granted. The Veteran's TDIU claim throughout the appeal period is also granted.,Throughout the appeal period, the Veteran's service-connected disabilities have precluded him from securing and maintaining substantially gainful employment.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for bilateral pes planus, gout, ankle/foot disability manifested by instep and heel pain, other than pes planus, and a knee disability due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has decided to remand the cases for further examination and evaluation due to inadequacies in previous examinations and inconsistencies in representation.

The Veteran's appeal is denied as the evidence does not meet the criteria for a higher disability rating under Diagnostic Codes 5260 and 5261 for left knee conditions prior to February 16, 2021. The Veteran also has no compensable ratings for his left upper extremity radiculopathy.

The Veteran's appeals for service connection of low back disability, bilateral knee condition, bilateral hip condition, acquired psychiatric disability (to include depression), bilateral hearing loss, and tinnitus have been withdrawn. The case is REMANDED to obtain additional evidence and provide a VA examination.

The Veteran's claim for a rating greater than 10 percent for soft tissue calcification beneath the lateral malleolus, left ankle is denied as there is no evidence of marked limited motion or ankylosis.,The Veteran's claim for TDIU from March 14, 2023, is dismissed because his service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to that date.

The appeals for increased ratings for PTSD, tinnitus, left knee tendonitis/tendinosis, and left ankle sprain residuals are dismissed. The appeals regarding service connection for bilateral hearing loss, TBI with associated headaches and sleep apnea, lumbosacral strain, right knee tendonitis (limitation of extension), and right knee tendonitis (limitation of flexion) are remanded.

The Veteran's claims for service connection have been granted, with the exception of right ankle condition and bilateral knee arthritis. The Board found that new evidence supports reopening the left foot condition claim and established a link between current disability and service.

The Board has remanded the case for further development, including obtaining updated treatment records and referring the claim of entitlement to TDIU to the Under Secretary for Benefits or the Director of Compensation and Pension Services for consideration of assignment of a TDIU on an extra-schedular basis prior to November 17, 2016.