Knee Board decisions

The Veteran's claims for PTSD, bilateral hearing loss disability, and scars status post knee replacement were denied. The appeal was remanded for further action on the issues of service connection for low back pain and right knee degenerative arthritis.

The Veteran's appeal was dismissed because the issues were already pending in the Legacy system and the June 2021 rating decision is not an initial decision for the purposes of applying the AMA.

Service connection is granted for bilateral dry eye syndrome, tinnitus, and migraine headaches. Service connection is denied for acquired psychiatric disorder, hypertension, erectile dysfunction, right knee disability, left knee disability loss, left hip disability, right foot disability loss, lumbar spine disability, and skin rash.

The Veteran's hypertension is not rated as compensable, but his left knee disability has been granted service connection.,The claim for bilateral hearing loss is remanded due to a duty-to-assist error.

The Veteran's PTSD is rated at 70 percent, effective from the date of decision. The maximum schedular ratings of 60 percent for left and right knee total joint replacements are granted as of March 15, 2018.

The Board has granted service connection for right and left knee strain as secondary to the Veteran's service-connected back disability.

The Veteran's claim for earlier effective dates and initial ratings for migraine headaches, back disability, and left knee arthritis was denied.,An initial rating of 50 percent for migraine headaches is granted.

The Veteran's claim for an initial rating higher than 10 percent for migraines has been denied as the evidence does not show that the migraines were manifested by prostrating attacks occurring on an average once a month over the last several months.,The Veteran's claim for an initial rating higher than 10 percent for right knee strain is remanded due to deficiencies in the October 2019 VA examination, including inconsistent findings and lack of information regarding flare-ups.

The Veteran's acquired psychiatric disorder, muscle injury, left and right knee conditions are all granted service connection. The Veteran's PTSD is related to his in-service work as a mortuary affairs specialist. His muscle injury is related to the run during an Army Physical Fitness Test. However, his left and right knee conditions do not have sufficient evidence linking them to service.

The Veteran's right and left hip degenerative arthritis are granted as secondary to his service-connected left knee lateral meniscal tear.,The Veteran's right ear hearing loss is granted due to acoustic trauma in service.

The Board has granted eligibility for attorney fees in the amount of 20% of past-due benefits awarded in a December 2022 rating decision, as the appellant provided representation after notice of the initial August 2020 rating decision and the AOJ found clear and unmistakable error (CUE) in previous decisions.

The Veteran withdrew his appeal, specifically the issues of hypertension as secondary to PTSD and right knee strain, osteoarthritis (limitation of flexion). As a result, the Board dismissed the appeal.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Board has granted service connection for the Veteran's right knee condition, including degenerative arthritis, finding that it had its onset during service and continues to persist.

The Veteran's claims are being remanded due to duty-to-assist errors and the need for additional medical examinations. The issues of service connection for various conditions, including right knee osteoarthritis, left knee condition, acquired psychiatric disorder (including PTSD), left hip condition, hearing loss, and cervical degenerative joint disease, will be reconsidered.

The Board has determined that the decision on appeal is not final and requires additional medical opinions to address the correct legal standards and the holding in Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023).

The Board denied service connection for various conditions, including psychiatric disorders, bilateral leg swelling, diabetes mellitus, right knee and ankle pain, left hip pain, chronic back pain, hypertension, headaches, and prostate cancer. The evidence did not support a finding that these conditions were related to service or the presumption of herbicide exposure.

The Board has granted the Veteran's appeal as to service connection for tinnitus, allergic rhinitis and sinusitis. The issues of service connection for left knee, right forearm, right ankle, bronchitis and migraine disorders were denied.

The Board has granted service connection for impairment of the left knee and lower extremity radiculopathy, but denied increased ratings for the Veteran's low back condition and meniscus tear. Attorney fees are awarded based on past-due benefits from a May 2022 Rating Decision.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to her inability to use assistive devices as a normal mode of locomotion.