Knee decisions — 2024

The Board has decided to remand the claims for service connection of left and right knee disabilities due to a pre-decisional duty to assist error. The Veteran's condition is related to her service-connected bilateral stress fractures, but further examination is needed to assess the etiology.

The Board has dismissed the appeal of a proposed reduction from 70% to 40% for TBI, as it was premature and not ripe for appeal. The remaining issues have been remanded for further examination.

The Veteran's service connection claim for a left shoulder disability is granted. The Veteran's increased rating claim for his left knee disability is denied.

The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors. The issues include back, knee, and hand disabilities as well as an acquired psychiatric disorder.

The Board has denied service connection for bilateral hearing loss and remanded the issues of service connection for right carpal tunnel syndrome (CTS), left carpal tunnel syndrome (CTS), right knee pain, and left knee pain. The Veteran is required to undergo VA examinations to determine the nature and etiology of his claimed conditions.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claim for service connection for status post knee joint replacement with degenerative joint disease. The case is being remanded for further review.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were previously decided in a September 2021 rating decision, appealed to the Board in November 2021, and adjudicated by the Board in an October 29, 2024, decision. The appeal of these issues is dismissed.,The Veteran's claims for service connection for neck disability (degenerative arthritis of the spine), right knee condition, right foot plantar fasciitis, left foot plantar fasciitis, and left shoulder disability are denied.

The Veteran's bilateral knee disabilities are rated under the criteria for limitation of flexion due to arthritis. The evidence does not warrant ratings higher than 10 percent, as the range of motion is most severely limited at 0 degrees of extension and 100 degrees of flexion with pain on examination.

The Board has found that the AOJ failed to provide proper notice of a pre-decisional hearing, and thus remanded for the AOJ to fulfill this requirement.

The Veteran's claim for an earlier effective date prior to September 25, 2020, for service connection of his left knee disability with a scar status-post meniscectomy is denied. The claim for a higher rating for the left knee disability is granted with a 20% rating effective from September 25, 2020.

The Board has denied the Veteran's claims for service connection for various disabilities, including right ear hearing loss, bilateral elbow, hand, knee, and shoulder disabilities, hemorrhoids, neuropathy of upper and lower extremities, and thoracic aortic aneurysm. The appeals are being remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board remands the claims for service connection for a back condition and right knee condition due to an inadequate medical opinion regarding the etiology of the Veteran's current conditions.

The Veteran's lumbar spine disability is granted with a rating of 10%.,Effective February 28, 2013, the Veteran's left knee and right knee disabilities are each granted with a rating of 10%. The effective date for erectile dysfunction is also set at this time.,The Veteran's spinal stenosis with degenerative arthritis secondary to right hip bursitis with limitation of adduction is granted. An initial 70% rating was assigned for the service-connected psychiatric disorder (PTSD).,SMC(k) and SMC(s)(1) are also granted.

The Board dismissed the appeal of a proposed rating reduction from 40 percent to noncompensable for service-connected left knee status post collateral ligament sprain, limitation of extension because it was not an adjudication and did not identify any disagreement with an existing determination.

The Veteran's appeal for service connection for a left knee disability, which was secondary to his right knee osteoarthritis, has been dismissed due to the Veteran's death.

The Board has granted service connection for bilateral knee osteoarthritis with total knee replacements, finding that the Veteran's symptoms started during service and have continued since.

The Veteran's claims for cervical spine, right shoulder, left shoulder, right upper extremity neurologic disorder other than right middle finger surgical neuropathy, left knee, and sleep apnea disorders have all been denied as there is no evidence of these conditions during service or within one year post-service.,Service connection was granted for a right middle finger surgical neuropathy disability.

The Veteran's claim for a compensable rating for patellofemoral syndrome, left knee was dismissed as the Veteran withdrew his request through his attorney.

The Board has remanded the Veteran's claims for service connection for right and left knee conditions due to insufficient medical evidence in the record.

The Veteran's increased ratings for his service-connected right shoulder and left knee disabilities have been denied. The Board found that the evidence did not support higher ratings under the applicable rating criteria.