Knee Board decisions

The Veteran's right lower extremity radiculopathy is granted as secondary to his service-connected thoracic back strain, effective March 22, 2019. The claims for left and right knee disabilities and erectile dysfunction are remanded.

The Board has determined that the Veteran's claims for service connection are remanded due to pre-decisional duty-to-assist errors, including incomplete medical opinions and failure to obtain relevant records such as ROTC personnel records.

The Board has granted service connection for a right knee strain that is secondary to the Veteran's service-connected right ankle disability, finding that the current right knee disability was caused by the service-connected right ankle disability.

The Veteran's appeal regarding a higher rating for right knee internal derangement with episodes of locking has been withdrawn by the appellant and his representative.

The Veteran's right knee disorders, including painful motion and scars, are rated at the minimum compensable level. The claim for a higher rating is denied.

The Veteran's type II diabetes mellitus is presumed to be related to in-service exposure to herbicide agents. The Board has granted service connection for left and right amputations below the knee as secondary to his service-connected type II diabetes mellitus.

The Veteran's claims for a right knee, left knee instability with meniscal tear persistent instability, and lumbar spine disabilities were granted effective October 27, 2023.,Service connection for bilateral hearing loss was denied.

The Veteran's claims for service connection of DMII, hypertension, heart palpitations, and sleep apnea are remanded due to a duty to assist error in the left knee claim. The AOJ must obtain an opinion addressing whether these conditions are related to service or pre-existed service.

The Veteran's service-connected right knee disability is not productive of actual or functional flexion limited to 30 degrees, extension limited to 10 degrees, ankylosis, recurrent subluxation or lateral instability, patellar instability, dislocated semilunar cartilage, symptomatic removal of semilunar cartilage, impairment of the tibia and fibula, medial tibial stress syndrome or shin splints, or genu recurvatum. Therefore, a rating in excess of 10 percent for right knee chondromalacia, to include right knee meniscal tear, residuals of meniscectomy, and residuals of right knee arthroplasty is denied.

The Board has determined that the Veteran's right knee degenerative arthritis is related to his active service and grants service connection for this condition.

The Board has remanded the issues of service connection for various conditions including Athlete's foot, allergic rhinitis, lumbar spine condition, left knee condition, right knee condition, fallen arches, migraines (headaches) condition, and an acquired psychological condition. The Veteran's claims are not currently addressed as there is no evidence of a current disability.

The Board has determined that the Veteran's service connection claims for brucellosis and related secondary conditions must be remanded due to a duty-to-assist error in the initial rating decisions. The Veteran was exposed to Southwest Asia during his military service, but the medical opinion provided did not adequately address this exposure.

The Veteran's appeal was denied as his service-connected PTSD did not meet the criteria for a higher initial rating, and he failed to establish service connection for hypertension, headaches, sleep apnea, neck condition, or knee conditions.

The Board denied readjudication of the Veteran's claims for service connection for bilateral knee degenerative arthritis due to lack of new and relevant evidence. The appeal is denied.

The Veteran's appeal for a decrease in the evaluation of limitation of extension, right knee, is dismissed due to their passing away.

The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for left and right knee disorders, and as such, these claims are being remanded for further review.

The Veteran's left and right knee disabilities are currently rated at 10 percent each, effective March 2, 2016, for the left knee, and November 15, 2022, for the right knee. The Board has remanded these claims due to additional evidence or clarification needed.

The Board has found a duty to assist error in obtaining potentially relevant records from Fitzsimons General Hospital and the Adjutant General for Illinois Army National Guard. The case is being remanded to make reasonable attempts to obtain these records.

The Veteran's appeal for service connection for a cervical spine disorder is dismissed. The VA has already granted this benefit in an earlier decision, and the issue is moot.

The Veteran's claims are being remanded due to the need for additional medical examinations and opinions regarding his service connection claims. The VA will obtain these necessary evaluations in order to provide a proper determination.