Knee Board decisions

The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2009 was denied as the percentage requirements for schedular entitlement were not met before that date. The effective date of TDIU is set at June 1, 2009.

The Veteran's appeal for TDIU and DEA prior to July 29, 2020 was denied as the evidence did not show he was unable to secure or maintain substantially gainful employment due to his service-connected disabilities.

The Board has decided to remand the case due to an inadequate VA examination, and a new one needs to be conducted to determine if the Veteran's left knee disorder is related to her service.

The Veteran's service-connected disabilities, including asthma, cervical spine degenerative joint disease, bilateral knee degenerative joint disease, left ear hearing loss, and lumbar spine degenerative arthritis, prevented him from obtaining and maintaining substantially gainful employment consistent with his educational and vocational experience. The Board granted TDIU effective September 25, 2018.

The Board has determined that the March 26, 2019 Notice of Disagreement was timely filed and serves to initiate an appeal with respect to the July 2017 rating decision denying service connection for various conditions.

The appeal for entitlement to service connection for right hip limitation of flexion is dismissed.,Service connection for a left ankle disability as secondary to the service-connected left tibia-fibula fracture is denied.,Service connection for a left foot disability as secondary to the service-connected left tibia-fibula fracture is denied.,The appeal for entitlement to service connection for low back disability, as secondary to the service-connected left tibia-fibula fracture is remanded.,The appeal for entitlement to service connection for left hip disability, as secondary to the service-connected left tibia-fibula fracture is remanded.

The Veteran's claims for service connection were denied due to the lack of a valid application filed prior to February 10, 2020.,The effective date for the grant of service connection is set at February 10, 2020.

The Veteran's service-connected lumbar spine and right knee disabilities prevent him from securing or maintaining substantially gainful employment, thus meeting the criteria for a TDIU.

The Veteran withdrew his appeal for service connection of right knee traumatic synovitis, and the Board dismissed the case.

The Veteran's claims for bilateral hearing loss, back condition (claimed as tailbone injury), ear condition (claimed as eardrum injury/pain and severe ear infection right ear, otitis media), neck condition, back condition, left knee condition, and bilateral elbow injury are denied. The claim for bilateral foot fungus is granted.

The Board has determined that the Veteran's claims for service connection are remanded due to duty-to-assist errors and a need for additional medical examinations.

The Veteran's TDIU and DEA benefits from March 14, 2014 are granted. The effective date for the TDIU is set at March 14, 2014, as it was determined that he became unemployable due to his service-connected right knee disability prior to this date.

The Board has dismissed the appeal for service connection of tinnitus as it was already granted in a previous rating decision. The left knee disability claim is denied due to lack of evidence showing its onset during service or being related to an injury, event, or disease incurred in service.

The Veteran's claims for service connection for bilateral knee degenerative arthritis, tinnitus, insomnia, and benign prostatic hypertrophy were granted with an effective date of May 17, 2019. The Veteran now seeks an earlier effective date.

The Board has decided to remand the claims of service connection for right and left knee disabilities due to insufficient medical opinions regarding direct and secondary service connection, as well as secondary aggravation. A new VA examination is required.

The Veteran's rating for diverticulosis with resection of the large intestine and ventral hernia was restored to 30 percent effective January 7, 2020. The Board found that the reduction from 30 percent to noncompensable was improper due to a lack of improvement in functional ability. The Veteran's ADHD and bilateral knee disorders were remanded for further examination and opinion.

The Board has granted service connection for the Veteran's left and right knee conditions, finding that these disabilities are at least as likely as not related to her active duty service.

The Board has determined that there was a duty to assist error in the prior decision and has remanded the claims for increased ratings for right hip strain with limitation of flexion, right hip strain with thigh impairment, and right knee strain due to inadequate VA examinations.

The Veteran's sleep apnea is granted as service-connected, and he is awarded a 30% rating.,Both his right knee disability (patellofemoral pain syndrome with meniscal tear, arthritis, and shin splints) and left knee disability (arthritis with meniscal tear and shin splints) are granted at a 30% rating.

The Board has decided to remand the claims for bilateral knee disabilities due to a duty to assist error, requiring a VA examination.