Knee Board decisions

The Veteran's right and left knee disabilities have been granted a rating of 20 percent for each, effective from the date of the decision.

The Board has denied the Veteran's claims for service connection for low back disability, right knee disability, and psychiatric disability due to lack of evidence linking these conditions to her military service.

The Board has decided to remand the case due to errors in decision-making and a need for further examination and opinion regarding the etiology of the Veteran's right knee disability.

The Board has granted service connection for tinnitus and remanded the cases of bilateral hearing loss and left knee condition.

The Veteran's appeals for increased ratings and service connection have been dismissed as he has requested to withdraw all issues on appeal.

The Board has identified errors in the adjudication of the Veteran's claims for a compensable rating for her left lower extremity nerve disability and residuals of a left hamstring harvest. The VA examinations conducted during the appeal period are inadequate to determine which nerves are affected, and further examination is needed. Additionally, there is insufficient evidence to establish whether any current hamstring disability is related to the in-service hamstring harvest.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or special home adaptation due to his inability to use assistive devices and lack of loss of use of any extremities.

The Board denied service connection for the Veteran's claimed acquired psychiatric disorder, neck disorder, lumbar spine disorder, left knee disorder, and right hand disorder due to lack of evidence linking these conditions to service. The Veteran's participation in willful misconduct during service is considered a bar to establishing service connection.

The Veteran's claims for service connection have been dismissed due to his death. The Board has no jurisdiction to adjudicate these claims as he died during the appeal process.

The Veteran's appeal for service connection for sinus bradycardia was voluntarily withdrawn. The RO granted a 30 percent rating for migraines and granted separate ratings of 10 percent each for right knee strain with shin splints s/p arthroscopy, right knee instability, and right knee post-operative meniscectomy. The appeal concerning left shoulder disability, plantar warts, left knee disability, and internal hemorrhoids is remanded.

The Veteran's death was attributed to multiple blunt force injuries sustained in a motorcycle accident, not related to his service-connected conditions. The Board found no evidence linking the cause of death to active duty or service-connected disabilities.

The Board has remanded the service connection claim for shoulder pain dysfunction and is not granting increased ratings for right knee patellofemoral pain syndrome or right knee instability.

The Veteran withdrew his appeals regarding the August 2015 and October 2016 rating decisions, thus the Board has no jurisdiction to consider these appeals.

The Veteran's left and right knee disabilities are granted as secondary to his service-connected lumbar spine disability. The Veteran's bilateral hearing loss claim is denied due to lack of current diagnosis. The Veteran's radiculopathy of the right upper extremity and cervical spinal stenosis with cervical fusion claims are denied.

The Veteran's claim for TDIU and basic eligibility for Dependents' Educational Assistance was granted from May 29, 2019. The appellant waived his right to attorney fees based on the August 2020 Rating Decision.

The Veteran's sleep apnea, diagnosed as severe and life-threatening with indices of greater than 55 respiratory disturbances and 55% oxygen saturation, was granted service connection on a secondary basis due to his service-connected back pain, depressive disorder, knee disabilities, and left lower extremity radiculopathy.,The Veteran's cause of death from acute myocardial infarction caused by severe obstructive sleep apnea syndrome is also granted.

The Veteran's claim for an earlier effective date for service connection of painful right ankle scars is denied. The appeal for a rating greater than 30 percent for painful right ankle scars and a compensable rating for nonpainful right ankle scars is also denied. SMC based on the need for aid and attendance of another person prior to January 8, 2019, and after July 1, 2019, is granted.

The Veteran's claim for an earlier effective date prior to October 26, 2020 of a 30 percent increased rating for his left knee disability was denied as the Veteran did not timely appeal the June 2011 rating decision and there is no evidence of a request to reopen the claim within one year before the October 2020 filing.

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 inextricably intertwined with these matters.

The Board has denied the Veteran's claims for service connection for lumbar spine condition, right knee disability, right toe condition, bilateral hearing loss, and tinnitus as there is no evidence of a current disability or link to military service.,Service treatment records did not show any complaints or diagnoses related to these conditions. Post-service medical records also lacked relevant findings.