Knee Board decisions

The Veteran's effective date for left foot metatarsalgia is granted as October 5, 1968. Service connection for back impairment, left hip impairment, and right hip impairment are all granted as secondary to the left foot metatarsalgia.

The Board is remanding the case due to ambiguities in the record regarding the propriety of overpayment creation, the validity of the amount of debt accrued during incarceration, and the basis for service connection and rating of disabilities including 'right knee status post arthroscopy'. The issues include challenges to the creation of an overpayment based on the Appellant's felony convictions, the validity of the amount of his debt accrued during incarceration, and the relationship between the overpayment and apportionment. Further investigation is needed into the service connection for right knee conditions.

The Board has found that new and material evidence has been received to reopen the previously denied claim of entitlement to service connection for bilateral hand arthritis. As such, there is no longer any due process error that requires a second Board hearing; the JMR did not find any errors in the hearing with respect to the other claims.

The Board has granted service connection for a low back disability, right knee disability, and left knee disability. The conditions are deemed to have begun during active service.

The Veteran's appeals for higher ratings on his right and left knee conditions, as well as service connection for degenerative arthritis of the lumbar spine and cervical spine, are being remanded due to new evidence received since the last adjudication. Clarification is needed from a VA examiner regarding whether these conditions are related to his service-connected knee disabilities.

The Veteran's appeal is remanded for further development, including VA examinations to assess the severity of his service-connected PTSD, back condition, and RLE radiculopathy. The Veteran's claims for headaches, right knee condition, left knee condition, and TDIU are also remanded.

The Veteran's knee disabilities are being remanded for further evaluation due to the recent total knee replacements and the need for a new VA examination.

The Board has determined that the Veteran's chronic right knee disability is due to his active service and grants the claim for service connection.

The Board has determined that new VA examinations are necessary to assess the current severity of the Veteran's service-connected PTSD and right knee disabilities, as well as to determine the nature and etiology of his back and neck disabilities. The claims for increased ratings for PTSD and right knee disability remain pending.

The Board has determined that the issue of TDIU from February 17, 2023 is moot due to the Veteran's acquired psychiatric disorder receiving a 100% rating. The claim for TDIU prior to February 17, 2023 is remanded for extraschedular consideration.

The Board has decided to remand the claims for hepatitis C and left knee sprain due to insufficient medical opinions. The cause of death claim is also remanded as it is inextricably intertwined with the service connection claims.

The Board has determined that additional development is needed to assess the current severity and manifestations of the Veteran's service-connected right and left knee disabilities, including testing for range of motion and addressing any instability or functional loss.

The Board granted a separate rating of 20 percent for left knee dislocated semilunar cartilage and increased the existing 10 percent ratings for limitation of motion and instability. The Veteran's left knee disability is currently rated as 30 percent disabling.

The Board has remanded the cases for further development and examination to determine the nature and etiology of the Veteran's elbow, knee, and skin disabilities.

The Veteran's left knee dislocated semilunar cartilage condition is granted with a 20 percent disability rating, effective July 8, 2021. The Board also finds an earlier effective date of November 30, 2017 for this condition.

The Veteran's petitions to reopen claims for service connection of left knee, right hip, and low back disabilities have been granted. The issues of increased ratings for bilateral hearing loss and effective date for MDD are remanded.

The Veteran's appeal for a rating in excess of 60 percent for his service-connected right knee degenerative joint disease, status post joint replacement is denied. The Board also found that the criteria for entitlement to TDIU have been met.

The Board has remanded the Veteran's claims for cervical spine, right shoulder, right knee, left knee, right ankle, and left ankle disabilities due to incomplete service treatment records and inadequate VA examinations. Additional development is needed to obtain missing STRs and private medical records, as well as new VA examinations.

The Board has remanded the Veteran's claims for additional review of his case, including any new VA medical records added to the file since the last decision. The Veteran and his representative have not provided a waiver of initial AOJ consideration.

The Veteran's claims for earlier effective dates and increased ratings have been withdrawn.,A compensable disability rating of 20 percent has been granted for peripheral neuropathy of the right lower extremity, effective May 19, 2016.