Knee decisions — 2024

Service connection for chronic obstructive pulmonary disease was dismissed.,The Veteran's cause of death is now considered service-connected, with obesity as the primary factor.

The Board granted a 20 percent rating for left knee strain with decreased flexion, effective from June 29, 2007, through July 25, 2017, excluding periods of temporary total convalescence ratings.

The Board denied the Veteran's claim of service connection for a left knee disability, finding that his current diagnosis of left knee osteoarthritis did not begin during service or is otherwise related to an in-service injury.

The Veteran's claim for increased ratings for his bilateral knee disabilities has been denied. The left knee disability is rated at the maximum available rating, and the right knee disability is not entitled to a higher rating.,The Veteran received separate ratings for different aspects of his right knee disability.

The Board has granted the reopening of the Veteran's claim for service connection for left knee arthritis and has also granted service connection for diabetes mellitus type 2 and obstructive sleep apnea, all secondary to his service-connected right knee disability.

The Veteran's claim for a higher rating for limitation of extension of the right knee is being remanded due to procedural issues, specifically failing to provide notice of his right to a pre-decisional hearing.

The Board has decided that the Veteran's service-connected right knee strain does not cause or aggravate his claimed right knee instability, and thus denied this claim. The Board finds a pre-decisional duty-to-assist error in failing to obtain a medical opinion regarding the etiology of the Veteran's right knee instability.

The Veteran's claim for a higher rating for left knee extension is denied, and he receives a separate 10 percent rating for left knee flexion. The Veteran does not meet the criteria for special monthly compensation based on aid and attendance or housebound rate.

The Veteran's claim for a higher rating for left knee extension and flexion is denied. The Board found that the evidence does not support an increased evaluation for either condition, as the range of motion testing did not show limitation to more than 15 degrees of extension or less than 45 degrees of flexion. For his separate claim for a 10 percent rating for left knee flexion, the Board granted this based on the evidence showing limited flexion to 35 degrees due to pain. The Veteran's need for aid and attendance of another person or causing housebound status was also denied.

The Board has remanded the claims for increased ratings for right and left knee disabilities due to outstanding private treatment records. The Veteran's migraine headaches are currently rated at the maximum schedular rating.

The Board has determined that the Veteran does not have a separate right knee disability other than his already-service-connected right knee meniscal tear, and therefore service connection for this condition is denied.

The Veteran's service-connected conditions did not render him unemployable prior to November 30, 2021. The Board found that the evidence does not show he was unable to secure or follow a substantially gainful occupation solely due to his service-connected disabilities.

The Board has remanded the claims for right lower extremity radiculopathy, bilateral patellar knee instability, and related rating issues due to outstanding private treatment records from Riverside Mathews Medical Center. The AOJ is instructed to attempt to obtain these records with the correct address.

The Board has denied service connection for right shoulder rotator cuff tendonitis and left shoulder rotator cuff tendonitis, finding that the evidence does not support a causal relationship to service.,The Board also denied service connection for right knee degenerative arthritis and left knee degenerative arthritis, noting that there is no evidence of record supporting these claims.

The Board has decided to remand all the claims for further development due to errors in obtaining medical records and military personnel records.

The Board has granted service connection for the Veteran's claimed right knee, left knee, lumbar spine, and right shoulder conditions as they are considered to be directly related to his active-duty service.

The Board has remanded the claims for service connection for left and right knee disabilities due to procedural errors, lack of verification of National Guard service, and incomplete medical records. The Veteran's claim is also inextricably intertwined with his right knee disability.

The Veteran's claims for left and right shin splints, painful joints, and bilateral hearing loss were denied as there was no evidence of these conditions during service or related to service. The claim for low back disability is also denied.,Service connection for obstructive sleep apnea remains remanded.

The Board has dismissed the appeals for service connection of bilateral knee and ankle disorders as these claims have been fully granted by a July 2024 rating decision.

The Veteran's SMC was granted at the intermediate rate due to his need for aid and attendance, which is related to service-connected conditions including bladder and prostate cancer residuals, lumbar intervertebral disc syndrome, bilateral lower extremity radiculopathy, and bilateral knee disabilities. The Veteran does not meet criteria for loss of use of any extremities.