Knee decisions — 2024

The Board denied increased ratings for right knee degenerative joint disease, right knee subluxation, left knee meniscal tear, and left knee subluxation as the evidence did not support a higher rating based on the current symptoms.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities alone did not render him unable to secure and follow substantially gainful employment.

The Veteran's claims for service connection for PTSD, right knee disability, left knee disability, bilateral hearing loss, and a rating in excess of 20 percent for his right shoulder condition are being remanded due to the need for additional development.,Specifically, efforts should be made to verify the Veteran's claimed stressors related to PTSD, confirm the existence of service treatment records (STRs) regarding his right knee injury, and obtain updated medical opinions on these issues.

The Veteran's cervicalgia is granted as secondary to his service-connected right shoulder disability. A 10 percent rating for GERD prior to December 16, 2019 is granted. An extraschedular rating for GERD from December 16, 2019 is denied. Ratings higher than 10 percent for both the right knee and right ankle disabilities are denied.

The Veteran's left knee disability is currently rated as 30 percent disabling based on instability, with separate ratings for limitation of flexion and extension. The appeal regarding a higher rating for the left knee disability remains pending.,Service connection for bilateral hearing loss and TBI has been denied.

The Board has remanded the cases of service connection for a lumbosacral strain and a right knee condition due to inadequate medical opinions.

The Board has remanded four issues related to the Veteran's service-connected disabilities, including right knee strain, limited flexion of the right knee, IVDS in the lumbar spine, and right shoulder strain. The case will be returned to the RO for readjudication based on all relevant evidence received since the March 2021 Board hearing.

The Veteran's claims for a higher disability rating for his left knee disability and SMC based on the need for aid and attendance or being housebound are remanded due to failure to report for a VA examination. The issues may be inextricably intertwined.

The Board has granted service connection for the Veteran's low back disability and a separate rating of 10 percent for right knee instability. The issue of increased rating for right knee disability is remanded.

The Board has denied the Veteran's claim for service connection for a right knee disorder due to lack of evidence showing a current disability, as well as functional impairment resulting in impaired earning capacity.

The Board dismissed the claim as moot because a full grant of service connection for the Veteran's right partial knee replacement residuals was granted in November 2023.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine, left knee, and bilateral hip disabilities due to inadequate medical opinions regarding flare-ups.

The Veteran's appeal for service connection for PTSD was dismissed. The claims for service connection for a throat condition, including throat cancer; diabetes mellitus; bilateral knee disabilities; lumbosacral strain; and COPD were all denied as new and material evidence had not been received to reopen these claims.

The Veteran's appeals for higher initial ratings on his left shoulder and knee disabilities have been dismissed. The Board has also remanded the issues of higher initial ratings for limitation of flexion, extension, and instability of the left knee.

The Board denied the Veteran's claims for service connection for a right knee disability and a back disability, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.,For TDIU, the Board also denied the claim as there is not sufficient evidence showing that the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment.

The Veteran is granted TDIU on an extraschedular basis for the period prior to March 28, 2012 due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment.,For the period from March 28, 2012, the Veteran's right fibula disability alone is sufficient to warrant TDIU.

The Veteran's claim for TDIU prior to July 29, 2015 is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The case will be referred if it meets the criteria for such a determination.

The Board has remanded the Veteran's claims for service connection for right knee, left knee, and lower back conditions due to inadequate VA examinations and the need for addendum opinions.

The Board has found that the Veteran should be afforded VA examinations to determine if his bilateral ankle, foot, and knee conditions are related to service or secondary to his service-connected lumbar spine disability. The sinusitis claim is also remanded for an addendum opinion considering all of the Veteran's lay statements, service treatment records, and post-service treatment records regarding his symptoms during and since service.

The Veteran's claims for specially adapted housing and special home adaptation grant were denied as he does not meet the eligibility criteria due to his service-connected disabilities.