Knee Board decisions

The Board granted an effective date of December 9, 2018 for a 10 percent rating for anemia. The Veteran's claim was reopened on new evidence and the effective date is based on factual ascertainability since that date.

The Board has granted the Veteran's claim for service connection for right knee patellofemoral pain syndrome and right knee iliotibial band syndrome, finding that there is a balance of evidence supporting the Veteran's claim. The decision is based on the Veteran's extensive military service as a Special Forces soldier, which likely contributed to his current disabilities.

Your current rating for unspecified trauma and stressor related disorder is 30 percent, effective prior to September 7, 2023. The Board has found that your symptoms do not warrant a higher rating.,The Veteran's left knee degenerative arthritis may be service-connected through secondary service connection due to obesity. Further examination and medical opinion are needed to determine the etiology of this condition.,Your back disability (not specified) is currently not service-connected, but further evidence or argument may support its service connection.,Right lower extremity sciatica has no current service connection.

The Board has denied the Veteran's claims for service connection for left knee disorder and bilateral hearing loss, finding no current disability or evidence of in-service injury that could be linked to these conditions.

The Veteran's initial disability ratings for right and left lower extremity radiculopathy have been granted at 40 percent each, effective August 15, 2018. The initial disability rating for the left knee chondromalacia patella has also been granted at 40 percent, effective December 26, 2018. The Veteran's right knee instability was denied as his initial disability rating of 10% is not met.

The Board has determined that the AOJ committed pre-decisional errors and has remanded the claims for service connection for left knee disability, chronic sinusitis (claimed as allergies), right shoulder strain, and left shoulder impingement due to potential errors in addressing theories of service connection.

The Veteran's initial maximum schedular rating of 10 percent for status post bunionectomy, right foot, is granted. Other service-connected conditions are not rated higher.

The Veteran's left knee patella tendonitis is currently rated at 10 percent, but the evidence does not support a higher rating as there is no limitation of motion or instability that would warrant an increased rating.

The Veteran withdrew his appeal, so the case is dismissed.

The Board has granted an effective date of March 23, 2001 for the award of TDIU and DEA benefits. The Veteran's service-connected disabilities have prevented him from securing or following any substantially gainful occupation since that date.

The Veteran was not granted CRDP payments for the period from January 1, 2004 to December 1, 2008 due to a pre-decisional duty to assist error. The Board is remanding the case to correct this issue.

The Board has granted service connection for a right knee condition, left hip condition, and low back condition as secondary to the Veteran's service-connected left knee condition.

The Board denied the Veteran's request for an earlier effective date for the grant of total disability due to individual unemployability (TDIU) prior to November 10, 2015. The evidence did not show that she was unable to secure or follow substantially gainful employment solely due to her service-connected disabilities before this date.

The Veteran's claims for increased ratings for right knee limitation of flexion, left knee limitation of flexion, and right knee limitation of extension have been denied as his range of motion does not meet the criteria for higher ratings under VA rating criteria.

The Board dismissed the appeal regarding severance of service connection for left knee strain with degenerative arthritis, chondromalacia patellar, and meniscal tear effective June 1, 2020.

The Veteran's lumbar spine disability is currently rated at 20 percent prior to September 10, 2020, and 40 percent thereafter. The issues of increased ratings for the lumbar spine and left knee strain are remanded.,The issue of an earlier effective date for TDIU is also remanded.

The Veteran's service-connected disabilities prevent her from obtaining and maintaining gainful employment, and the Board finds in favor of granting TDIU based on this finding.

The Veteran's claims for increased evaluations for his service-connected right knee arthritis, left knee arthritis, and bilateral hip disabilities were denied. The Board found that the evidence did not support higher ratings under the applicable diagnostic codes.,Specifically, the Veteran was rated at 10 percent for each of his knees due to limited range of motion without incapacitating exacerbations.

The Board granted an earlier effective date of October 23, 2013 for the Veteran's right leg amputation below the knee and related disabilities. The decision also addressed increased ratings and TDIU.

The Board has remanded the claims for bilateral pes planus, bilateral plantar fasciitis, melanoma, right knee replacement as secondary to bilateral pes planus, and sleep apnea due to potential duty-to-assist errors.