Knee Board decisions

The Board has granted the Veteran's appeal regarding whether a timely VA Form 9 was filed in response to the April 2020 SOC, finding that good cause exists due to the COVID-19 pandemic. The merits of the service connection claims for back disability, bilateral knee disabilities, and hearing loss will be addressed in a separate decision.

The Veteran's appeal for an initial compensable disability rating for the service-connected right knee limitation of flexion is dismissed as he requested withdrawal of his appeal at a December 2022 Board hearing.

The Veteran's claim for service connection for a left knee condition was granted with an effective date of December 23, 2015. The issue of TDIU prior to this date is being remanded.

The Veteran's appeals for increased ratings and service connection have been dismissed as he withdrew his appeal prior to the decision being finalized.

The Veteran does not meet the criteria to qualify for a specially adapted housing or home adaptation grant due to his service-connected disabilities and does not have a permanent total disability rated as 100 percent disabling.

The Veteran's service-connected disabilities, including left above the knee amputation and major depressive disorder, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has granted service connection for the Veteran's bilateral knee disabilities, finding that they are due to aggravation of a preexisting disorder during her active duty from January 1991 to June 1991.

The Veteran's left knee disability is granted a 20 percent rating. Service connection for TBI, headaches, right sciatic radicular pain paresthesia of the right leg, left sciatic radicular pain paresthesia of the left leg, and callus of the left pinky toe are denied.

The Veteran's right knee disability, including extension limitation and instability, is rated at 10 percent. A separate 10 percent rating is granted for meniscal residuals.

The Veteran's claims for service connection and increased ratings were denied as the effective dates sought are not earlier than October 5, 2021.,For issues related to service connection, the earliest date of entitlement is considered to be October 5, 2021.

The Veteran's service-connected heart disability, including valvular heart disease, atrial fibrillation, right bundle branch block and aortic root aneurism, is granted as due to herbicide agent exposure. Service connection for chronic kidney disease, gastrointestinal disability, low back disability, and left knee disability are also granted.

The Board has decided to remand the claims for service connection for left knee injury and bilateral hearing loss due to new evidence received after the September 2013 rating decision.

The Board has denied service connection for a left knee disorder and remanded the issue of service connection for an acquired psychiatric disorder due to insufficient evidence.

The Board has denied service connection for bilateral hearing loss, depression, Parkinson's with dementia, lower back disability, right knee and left knee disabilities, right hip and left hip disabilities, and right foot and left foot disabilities. The evidence does not support a finding of current diagnoses or a link to active service.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in his VA examinations. The issues are all related to secondary service connection based on pre-existing disabilities.

The Veteran's appeal for a higher rating for sinusitis is denied. The Veteran's claim for TDIU due to service-connected disabilities, effective September 16, 2021, is granted. The case is remanded for further consideration of the issue of service connection for obstructive sleep apnea.

The Veteran's claim for an increased rating of more than 30 percent for asthma was denied. Service connection for COPD, right knee disorder (DJD), left knee disorder (DJD), bilateral pes planus due to aggravation of a pre-existing disability, and cardiac disorder (arrhythmia) were all denied.

The Board has determined that new and relevant evidence has not been received to readjudicate the claims for service connection for traumatic brain injury, bilateral knee condition, back condition, irritable bowel syndrome, and temporomandibular joint syndrome. The claim of service connection for irritable bowel syndrome is granted. The remaining claims are remanded due to a duty to assist error.

The rating for TBI was restored from 70% to 10%, effective March 1, 2020. The rating in excess of 10% for left knee instability is denied.

The Veteran's bilateral hearing loss is granted service connection. The left knee disability claim is remanded for further review.