Knee decisions — 2024

The Board has remanded the claims for service connection for back, left knee, and right knee conditions due to an unsteady gait caused by a service-connected ingrown toenail residuals. The AOJ is required to obtain additional medical opinions addressing the etiology of these conditions.

The Veteran's appeal for increased ratings and TDIU was denied. The appellant is not eligible to the direct payment of attorney fees based on past-due benefits awarded in the March 2021 rating decision.

The Board has determined that there was a duty to assist error in not obtaining VA examinations for the Veteran's hip and knee disabilities prior to the May 2022 rating decision. The Board is therefore remanding these issues.

The Veteran's sleep apnea was granted service connection. The Board found the VA opinion inadequate and remanded for further examination regarding his back condition, bilateral knee conditions, and secondary service connection.

The Veteran's appeal for increased ratings was granted, with a disability rating of 30 percent for right knee instability from April 2, 2021. The initial rating period remains unchanged at 10 percent for the previous time frame.

The Veteran's claims for increased ratings and initial compensable ratings have been remanded due to her failure to attend scheduled VA examinations.

The Board has dismissed the appeals for increased ratings and initial ratings for left knee conditions, as well as the TDIU claim. The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation.

The Board has remanded the claims for higher initial disability ratings for right and left knee PFS, as well as instability of both knees. The TDIU claim is also being remanded due to incomplete documentation.

The Board has granted the Veteran's claims for service connection for a right knee disability and a lumbar spine disability, finding that there is sufficient evidence to support these claims.

The Veteran's appeal is remanded due to the need for further development and readjudication of his claims for increased ratings for left knee patellofemoral pain syndrome under DC 5260 (flexion) and DC 5261 (extension).

The Veteran's appeal is remanded to obtain additional information regarding the severity of his left knee disability and hip disabilities, as well as to determine if service connection can be established for these conditions.

The Board has remanded the cases for further development due to incomplete records, particularly those uploaded into Vista Imaging and private medical records from the Veteran's CHOICE and Community Care programs.

The Board has remanded the Veteran's claims for increased ratings for his left and right knee plica disabilities due to inadequate examination reports that did not address the Veteran's contentions of flare-ups, which are required under Sharp v. Shulkin.

The Board has remanded the issues of entitlement to earlier effective dates for the grant of service connection for left knee instability, right knee instability, and related conditions. The Veteran's claims are pending resolution of a claim regarding CUE in prior rating decisions.

The Veteran's right hip disability is currently rated at 20 percent for limitation of flexion and 10 percent for limitation of extension. The Veteran's right knee medial meniscus tear prior to July 6, 2021, and in excess of 30 percent thereafter remains denied.,The Veteran's right hip disability is currently rated at 20 percent for limitation of abduction.

The Board has remanded the Veteran's claims for increased ratings due to failure to attend scheduled VA examinations. The Veteran is advised to contact VA and provide a reason if he cannot attend the upcoming examinations.

The Board has granted service connection for diabetes mellitus, left and right lower extremity neuropathy, as well as bilateral knee conditions. The decision is based on the Veteran's assertions of in-service onset and continuity of symptoms.

The Veteran's left shoulder condition is granted service connection, and the right knee strain case is remanded for further evaluation.

The Board found that the Veteran's notice of disagreement was untimely and dismissed the appeal.

The Board has dismissed the Veteran's appeals for service connection for lower back pain, a right knee condition, and an increased rating for PTSD with major depressive disorder and alcohol use. The appeal was dismissed due to the Veteran filing a Notice of Disagreement while his request for Higher-Level Review was still pending.