Knee decisions — 2024

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and a right knee disability, finding that there is no current disability in either condition.

The Board denied a rating in excess of 10 percent for the Veteran's right knee disability from June 5, 2009, to October 23, 2019.

The Veteran's claims for increased disability ratings for right and left knee traumatic arthritis have been denied. The evidence does not support a rating in excess of the current assigned ratings.

The August 1, 2023 Board decision was found to be clearly and unmistakably erroneous in restoring service connection for right knee DJD with meniscal tear and basic eligibility to DEA under 38 U.S.C. Chapter 35, and the appeals regarding whether the severance of these benefits were proper are denied.

The Veteran's claims for increased disability ratings for left knee and lumbosacral spine disabilities are being remanded due to the need for additional development, including obtaining medical records and providing new opinions regarding flare-ups and their impact on range of motion.

The Board has remanded the cases for additional development due to new evidence and exposure claims.

The Veteran's claim for service connection for a skin disability, colon disability, hearing loss, left knee disability, and right knee disability has been denied.,Specifically, the Board found that there is no evidence of in-service injury or illness related to these conditions.

The Board granted service connection for back, right knee, left knee, and right hip disorders, but denied service connection for a cervical spine disorder, hypertension, coccyx disorder, and hearing loss in both ears. The appeal was also remanded for further action on several other issues.

The Board denied service connection for a right knee disorder, left hip disorder, and right hip disorder as they are not related to the Veteran's service or caused by any of his service-connected disabilities.

The Board denied a rating in excess of 10 percent for right knee instability, finding that the Veteran's symptoms were slight and did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection and rating determinations due to incomplete development, including a missing medical report and an addendum opinion on the nature and etiology of his TBI. The AOJ is instructed to obtain the missing report and provide an addendum opinion addressing whether the Veteran has a current disability related to a TBI and if so, whether it is related to service.

The Veteran's service-connected bilateral knee disabilities are found to cause his current lumbar spine degenerative disc disease. His right knee DJD and subluxing patella, as well as left knee DJD with instability, are all granted increased ratings.

The Board remands the claims for service connection for hernia, low back, right knee, and right shoulder conditions due to ongoing noncompliance with previous remand instructions.

The Board granted an effective date of July 10, 2010, for the award of a separate 10 percent disability rating for instability of the left knee.

The Veteran's claims for increased ratings have been granted, with the maximum combined rating of 60 percent being established. The Veteran now has a 10 percent initial rating for right knee limitation of flexion prior to February 7, 2020; a 20 percent initial rating for right knee instability prior to February 7, 2020; and a 20 percent initial rating for right knee meniscal tear from July 18, 2019 to February 6, 2020. The Veteran's combined rating of 60 percent precludes the assignment of any higher ratings.

The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his medical conditions and needs supervision, protection, and instruction. The PCAFC eligibility decision must be reconsidered based on the best interest of the Veteran.

The Veteran's appeal seeking to revise a March 29, 2011 rating decision for right knee patellofemoral syndrome due to CUE in the RO's failure to interpret his September 2005 NOD is dismissed. The appeal also seeking revision of the same rating decision on the basis of failing to seek clarification from the Veteran with respect to the September 2005 NOD is denied.

The Board has remanded the claims for service connection for recurrent right knee and left knee disabilities due to a lack of verification of the Veteran's periods of active duty, active duty for training, and inactive duty for training with the Navy Reserve. The records associated with this duty need to be requested and added to the record.

The Board denied the Veteran's claims for service connection for acquired psychiatric disorder, bilateral hip disability, bilateral knee disability, and bilateral foot disability due to a lack of current diagnoses or persistent/recurrent symptoms.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to October 25, 2023. The Board denied the claim for TDIU as there was insufficient evidence to substantiate his unemployability by reason of service-connected disabilities.