Knee Board decisions

The Board has determined that additional medical examinations and opinions are needed to properly adjudicate the Veteran's claims for service connection due to potential pre-decisional errors in previous VA examinations.

The Veteran's right knee disability, characterized by painful or limited motion at times due to pain and other factors, but with full extension to 0 degrees and flexion to greater than 30 degrees, is rated as 10 percent disabling. A separate 10 percent rating for right knee instability effective August 23, 2027, has been granted.

The Board has granted service connection for left ankle, right ankle, left knee, and right knee disabilities based on the Veteran's reports of symptom onset during service.

The Veteran's claims for tinnitus, bilateral hearing loss, right knee degenerative osteoarthritis, left knee degenerative osteoarthritis, right shoulder strain, and left shoulder strain are denied as there is no evidence of a claim prior to July 18, 2022.,The Veteran's claim for migraines has been reopened due to new and relevant evidence. The claims will be readjudicated.

The Veteran withdrew all issues on appeal, including those for bilateral flat feet, left shoulder impingement, right shoulder impingement, right knee strain (also claimed as lower leg condition), left Achilles tendinitis (also claimed as ankle condition), abnormal kidney function, benign neoplasm of skin right lower eyelid, bilateral presbyopia/hypermetropia with right eye retina lattice degeneration and round hole, chronic asthma condition, chronic fatigue syndrome, hyperlipidemia, left knee strain (also claimed as lower leg condition), and ventral hernia.

The Board has decided to remand the Veteran's claim for service connection of a left knee disability due to insufficient examination and opinion regarding the etiology of the condition. The case is sent back for further evaluation.

The Veteran's appeals for chronic pain, left and right knee pain, and a breathing problem were dismissed. The Veteran's claims for service connection of his left hip disability (secondary to lumbar spine) and peripheral vestibular disorder (vertigo) are remanded.

The Veteran's left knee brace, used to treat a service-connected disability, caused increased wear and tear on his pants at an increased rate compared to his right knee brace. The Board granted the clothing allowance for the left knee brace in 2020.

The Veteran's claims for earlier effective dates for increased ratings and service connection were denied. The Board found that the earliest date of record showing an ascertainable increase in severity was July 2, 2019.,The effective dates assigned by the AOJ are not supported by the evidence.

The Board has remanded the Veteran's claims for headaches, back disability, left knee condition, and right knee condition due to a duty to assist error in not obtaining adequate examination opinions. The Veteran is seeking service connection for these conditions as secondary to her service-connected PTSD, tinnitus, or non-service connected TMD.

The Board has found that the Veteran's claim for service connection for degenerative arthritis of the right knee is remanded due to pre-decisional duty to assist errors, including failure to consider all relevant evidence and obtain a fully adequate VA medical opinion.

The Veteran was granted TDIU effective July 1, 2019. The Board found that the Veteran could not secure and follow gainful employment from July 18, 2018.

The Veteran's appeals for chronic pain, left and right knee pain, and a breathing problem were dismissed. The Veteran's claims for service connection of his left hip disability (secondary to lumbar spine) and peripheral vestibular disorder (vertigo) are remanded.

The Board has granted the Veteran's claims for service connection for left foot, left knee, and right knee disabilities as secondary to her service-connected bilateral ankle disability.

The Veteran's claims for service connection for migraines, right elbow disability, and knee disabilities are remanded due to the need for additional medical examinations.

The Board has denied the Veteran's claims for service connection for herniated disc, flat feet condition, right knee condition, and left knee condition. The case is remanded to consider potential participation in a TERA due to the Veteran's military occupational specialty as a petroleum supply specialist.

The Veteran's appeals for service connection were dismissed due to a procedural defect in the submission of his VA Form 10182, Decision Review Request: Board Appeal.

The Board has granted an initial disability rating of 20 percent for right knee chondromalacia, effective from March 10, 2020. The Veteran's limitation of flexion is at worst 30 degrees.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance and/or housebound status has been denied as he does not meet the statutory criteria for SMC due to his service-connected disabilities.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded due to duty-to-assist error in the January 2020 VA examination.

The Veteran's claim for service connection for sleep apnea is granted. The Board also remanded the claims for increased disability ratings for cervical strain and degenerative arthritis, left shoulder traumatic rotator cuff lesion residuals, right knee arthritis, left knee degenerative arthritis, chronic bronchitis, and bilateral hearing loss.