Knee decisions — 2024

The Veteran's claims for increased ratings of his cervical strain and left knee disabilities, as well as a TDIU claim, have been denied due to the Veteran's failure to report for necessary VA examinations.

The Board has decided to remand the claims for service connection for Diabetes Mellitus Type II and Right Knee Condition due to new evidence received that is relevant to these issues.

The Board has denied the Veteran's claims for increased ratings for residuals of right and left knee arthroplasty, finding that the evidence does not support a rating in excess of 30 percent.

The Veteran's claims for service connection to various disabilities have been reopened due to the submission of new and relevant evidence. The effective dates are not yet determined as they will be based on the PACT Act, which does not allow earlier effective dates.

The Board denied the Veteran's claims of service connection for a right knee condition and headaches due to lack of evidence supporting a direct relationship between his current conditions and military service. The appeal seeking service connection for headaches was dismissed as untimely.

The Board has remanded the Veteran's claims for increased ratings for bilateral knee conditions due to a duty to assist error. A new VA examination is needed to determine the current severity of his knee conditions.

The Board has decided that the reduction in rating for the Veteran's right knee condition from 20% to noncompensable is improper and remands the case for further action.

The Veteran's claim for an increased disability rating for his service-connected right knee degenerative joint disease is being remanded due to the need for a new VA examination and consideration of evidence indicating worsening since the last examination in 2013.

The Board has remanded the claims for service connection and increased ratings due to insufficient evidence or procedural issues. The Veteran's current conditions have not been fully evaluated, and further examination is needed.

The Board denied the Veteran's claims for increased ratings for instability of the left and right knees, finding that the evidence did not support a rating higher than 10 percent under Diagnostic Code 5257.

The Board denied the Veteran's claims for a compensable rating for right shoulder surgical scars and granted a 20 percent rating for painful right knee surgical scars. The evidence did not meet the criteria for a compensable rating under Diagnostic Code 7802, but the Veteran is entitled to a compensable rating under Diagnostic Code 7804 due to his painful right knee surgical scars.

The Veteran's claim for SMC based on housebound status is denied because he does not have a single service-connected disability rated at 100 percent, nor has he been awarded a total disability evaluation based on individual unemployability (TDIU) due to a single service-connected disability.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's left knee disability is proximately due to or aggravated by his service-connected disabilities, including right hip and right knee conditions.

The Veteran's left knee brace, which is service-connected for a left knee injury with lateral instability, causes wear and tear to his clothing. The Board has granted the Veteran's claim for a clothing allowance for this condition.

The Veteran's claims for service connection for tinnitus, vertigo, low back pain, and a left knee disorder are remanded due to incomplete service personnel records. The AOJ is instructed to verify the dates of service in July 1987.

The Board has granted an earlier effective date of July 12, 2017 for the grant of service connection for right knee instability. The Veteran's claim was initially denied in August 2017 but new and material evidence was submitted within a year, leading to a separate rating for right knee instability.

The Board has decided to remand the case due to a duty to assist error and requires additional medical opinions regarding the Veteran's left knee disability.

The Board has determined that the Veteran's left knee condition is directly related to their active-duty service and grants entitlement to service connection.

The Board has decided to remand the case due to a failure to consider the Veteran's service-connected disabilities and obtain necessary medical records. The claim will be reconsidered under the provisions of 38 U.S.C. § 1728 for reimbursement of unauthorized medical expenses.

The Board has remanded the claims for bilateral hearing loss, bilateral eye condition, depression, right knee degenerative arthritis, high blood pressure (hypertension), left hip arthritis (status post hip replacement), and obstructive sleep apnea due to a lack of medical opinions addressing the nature and etiology of the claimed conditions.