Knee Board decisions

The Veteran's service-connected rheumatoid arthritis and related disabilities are found to prevent him from working, and the case is being referred for extraschedular consideration.

The Veteran's claims for service connection for right and left knee disabilities are being remanded due to the need for additional medical examination.

The Veteran's left knee brace was used regularly, causing damage to his clothing. The Board found that a clothing allowance for the 2020 calendar year is warranted due to regular use of the brace.

Your appeal has been dismissed because the Veteran died during the pendency of your appeal. The Board cannot issue a decision on the underlying claim(s) at this time.

The Board has denied the Veteran's claims for service connection for spinal bifida, bilateral hearing loss, right knee disability, and left knee disability due to a lack of evidence showing these conditions were incurred or aggravated during active service.

The Board has granted service connection for GERD and a left knee disability as secondary to the Veteran's service-connected right knee disabilities. The evidence supports that both conditions are related to his active duty service.

The Veteran's appeal for increased ratings and service connection was dismissed because the claims were not filed in response to a rating decision, which occurred more than one year prior.

The Board has dismissed the appeals for entitlement to service connection for right knee and left knee conditions due to a concurrent election issue.

The Veteran's right knee instability and chondromalacia of the patella have been granted a 10 percent disability rating, but no higher. The criteria for a higher rating are not met.

The Board has determined that the Veteran's claims for earlier effective dates and increased evaluations are remanded due to a duty to assist error. The issues of entitlement to TDIU are also remanded as they are inextricably intertwined with the other issues.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's left knee condition is secondary to his service-connected right knee disability. The new examination must address both causation and aggravation.

The Veteran's claim for an earlier effective date prior to October 26, 2020 of a 30% increased rating for left knee disability is denied as the June 2011 rating decision was not appealed within one year and the earliest effective date assignable is October 26, 2020.

The Board has decided to remand the case due to insufficient examination and opinion regarding other knee conditions, including knee strain. The Veteran's right knee arthritis is currently service-connected, but there are concerns about whether any other knee condition(s) may be related to his in-service injury.

The Board dismissed the appeals for service connection of bilateral knee disability and right hip disability as untimely, due to failure to file a timely Notice of Disagreement.

The Veteran's service-connected disabilities, including bilateral lower extremity idiopathic neuropathy, have resulted in the effective loss of use of both feet. The Board finds that this meets the criteria for eligibility to financial assistance for an automobile and adaptive equipment.

The Veteran's service-connected conditions have led to the need for regular aid and attendance, warranting SMC based on the need for aid and attendance. The issue of SMC at the housebound rate is dismissed as it is a lesser benefit than SMC based on aid and attendance.

The Board has denied the Veteran's claims for service connection for bilateral kidney condition, diabetes mellitus type II (diabetes), right hip condition, left hip condition, peripheral neuropathy of the left upper extremity, erectile dysfunction, and hypertension. The issues related to a right knee condition are being remanded.

The Board has found a predecisional duty to assist error due to the lack of information regarding the Veteran's functional ability and range of motion during flare-ups and after repeated use over time, as well as an inadequate review of his history of right knee instability. The case is being remanded for further examination.

Your annual clothing allowance for 2019 has been granted. The appeal is dismissed as the Veteran's claim was not properly filed prior to 2018 and no retroactive award can be made.

The Veteran's claim for service connection of a left knee condition and initial compensable disability rating for allergic rhinitis is granted. The Veteran is now entitled to a 10% disability rating for his service-connected allergic rhinitis, effective September 1, 2021.