Knee decisions — 2024

The Veteran's left knee disability, right lower extremity radiculopathy (sciatic nerve), and left lower extremity radiculopathy (femoral nerve) have been rated at the maximum allowable under VA regulations. The Veteran's lumbar spondylosis with intervertebral disc syndrome has not met the criteria for a higher rating.

The Board denied the Veteran's claims of service connection for various conditions, including a mental disorder and joint pain in multiple body parts. The evidence did not support current diagnoses or show that these conditions had their onset during service.

The Board has decided to remand the case due to an inadequate VA examination, and any new evidence submitted after the May 2022 decision will be considered by the AOJ in the adjudication of this claim.

The Veteran's claims for an increased initial disability rating for left ankle strain and service connection for a left knee condition are being remanded due to duty-to-assist errors. The case will be reconsidered with new evidence.

The Board has ordered a new VA examination to determine the nature and etiology of the Veteran's right knee disability, including whether it is related to service or caused by his service-connected left knee disability.

The Board has decided to remand the case due to inadequate medical opinions and further development is needed.

The Veteran's claims for increased ratings for left knee joint instability and limitation of flexion are remanded due to the need for additional VA examinations, as well as a determination on whether he is entitled to a TDIU based on his service-connected disabilities.

The Board denied entitlement to a total disability rating due to individual unemployability (TDIU) because the Veteran's single service-connected left knee disability, rated at 30% and later 40%, does not meet the criteria for TDIU under schedular or extraschedular standards. The appeal is based on his inability to secure or follow substantially gainful employment due to his left knee disability.

The Board has granted service connection for cervical degenerative arthritis, left hip strain, bilateral knee strains, and bilateral elbow strains. The conditions are considered to have started during service and continued thereafter.

The Board has decided that the Veteran's claims of service connection for various conditions, including PTSD and tinnitus, need further development due to a lack of an informal DRO telephone conference. The Veteran is requested to schedule an informal DRO hearing.

The Veteran withdrew his appeal regarding the ratings for right knee limitation of motion and right knee instability prior to May 21, 2021, as well as the denial of a total disability rating based on individual unemployability (TDIU) prior to that date.

The Board has granted service connection for left knee arthritis as secondary to the Veteran's right knee injury, finding an approximate balance of evidence in favor of this claim.

The Veteran's right knee disability, characterized by arthritis with instability and limited motion, has been granted a separate rating of 20 percent for the limitation of extension. The appeal is denied for increased ratings for flexion and meniscus issues.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to May 2, 2019 was denied as the evidence did not show that he could not secure or follow substantially gainful employment due to his service-connected conditions.

The Veteran's right knee disability is currently rated at 10 percent, and the Board has decided to remand the case for additional development due to incomplete records and need for further examination.

The Board has granted the Veteran's claims for service connection for left ankle and left knee conditions, finding that these conditions began during his military service and have continued symptomology.

The Board has granted service connection for both the Veteran's left and right knee disabilities, finding that there is sufficient evidence to resolve reasonable doubt in favor of the Veteran. The disabilities are considered direct service connections.

The Veteran's left knee strain is characterized by symptoms commensurate with a 20 percent rating under Diagnostic Code 5260, but no higher. The appeal for a disability rating in excess of 20 percent for the left knee strain is denied.

The Board has determined that the VA examinations and etiology opinions provided prior to the rating decision on appeal were inadequate, as they did not adequately address all the claims and theories of entitlement reasonably raised by the evidence of record. The issues are therefore being remanded for further development.

The Board has decided to remand the claims of service connection for left and right knee conditions due to inadequate VA opinions. The Veteran's lay statements and medical records indicate he experienced daily pain to both knees since their onset, but the VA examiners did not specifically address his bilateral knee condition or consider the plausibility of in-service injuries based on his duties as a parachutist.