Knee decisions — 2024

The Board dismissed the Veteran's claim for an earlier effective date for a 20 percent disability rating for left knee patellofemoral syndrome, as this matter was fully addressed in a prior decision and is moot.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring further examination and opinion regarding the Veteran's left knee disability.

The Board has decided to remand the Veteran's claims for service connection due to potential missing VA and SSA records that may be relevant to his conditions.

The Board has granted service connection for right and left knee disorders, but denied service connection for right ankle disorder, left ankle disorder, and bilateral or unilateral foot disorder. The denial of the latter three conditions is based on a lack of evidence linking these conditions to service.

The Board has remanded the claims for lumbar spine disability, left knee disability, and bilateral shoulder disabilities due to duty-to-assist errors in obtaining medical opinions prior to the August 2020 rating decision. The VA is required to obtain new examinations or opinions addressing the Veteran's lay statements regarding his symptoms during service.

The Board has remanded the claims for service connection due to incomplete pre-decisional duty-to-assist errors, including obtaining STRs and seeking a medical opinion.

The Veteran's claim for service connection for an acquired psychiatric disability, diagnosed as GAD, is granted. The claims for tinnitus and knee disabilities are remanded.

The Board has granted service connection for right knee strain, left knee strain, low back disability, neck disability, left elbow disability manifesting as pain and numbness, and right elbow disability manifesting as pain and numbness. The claims are based on the Veteran's reported symptoms in service and their persistence since separation.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the etiology of the Veteran's right knee, bilateral foot/lower extremity disorders, and left hip disabilities. The VA will provide a new examination with an opinion on whether these conditions are related to or aggravated by her service-connected left ankle residuals status post Achilles tendon rupture.

The Veteran's claim for DIC benefits under 38 U.S.C. § 1318 was denied because he did not meet the statutory ten-year duration requirement for a 100% rating at the time of his death, nor was he in receipt of a total disability rating continuously since his discharge from active duty.

The Board has granted service connection for left knee strain and right knee strain on a direct basis, resolving all doubts in favor of the Veteran.

The Board has remanded the Veteran's claims for additional medical opinions to determine if his bilateral knee disabilities, back disability, erectile dysfunction, and GERD are aggravated by his service-connected left foot disability.

The Veteran's bilateral knee disability, specifically limitation of flexion in both knees, was denied as not meeting the criteria for a compensable rating prior to November 23, 2021, and in excess of 20 percent thereafter.

The Board has remanded the Veteran's claims due to a duty to assist error, specifically failing to notify the Veteran of scheduled VA examinations.

The Board has granted a separate 10 percent rating for left knee instability, effective from the date of the August 2020 decision on appeal.

The Board has remanded five claims for increased ratings due to the need for a new VA examination to assess the severity of the Veteran's service-connected disabilities, including degenerative arthritis and knee conditions.

The Veteran's claims for service connection for a right knee disorder and lower back pain have been dismissed due to the concurrent election of two different review lanes at the same time, which is impermissible.

The Board has decided to remand the case due to duty-to-assist errors and insufficient medical opinions regarding the Veteran's right knee disability.

The Veteran's request for review of the effective dates of service connection and additional compensation was denied as untimely.

The Veteran's appeal for increased ratings and TDIU was granted in July 2020, with the past-due benefits awarded as a result of these decisions. The appellant is eligible to attorney fees based on these past-due benefits.