Knee Board decisions

The Veteran is entitled to a total disability rating based on individual unemployability (TDIU) prior to August 11, 2019 due to service-connected disabilities. Effective from August 11, 2019, the TDIU claim is granted as the Veteran already has a 100% rating for PTSD.

The Veteran's claims for increased disability evaluations for various knee and hip disabilities have been denied by the Board of Veterans' Appeals.

The Veteran's claims for service connection for right knee disability, temporomandibular disorder, and erectile dysfunction have been remanded due to the need for additional medical opinions.

The Board has determined that the Veteran's sleep apnea is proximately due to his service-connected left knee patellofemoral pain syndrome with osteoarthritis, and thus grants service connection for this condition.

The Board has remanded the claims for service connection due to insufficient evidence regarding the onset and relationship of the Veteran's conditions to his military service.

The Veteran's claims for right-hand and left-hand conditions have been denied as there is no current evidence of a diagnosed condition.,For the dental condition, the Veteran has not provided sufficient evidence to establish that he has lost teeth due to trauma or disease. The AOJ must obtain an examination to determine if such loss exists.

The Board has determined that the Veteran's April 2018 Notice of Disagreement was timely filed in response to a January 2017 rating decision denying service connection for an acquired psychiatric condition and a right knee disability, as well as a claim for increased ratings for ganglion cyst of the right wrist. The Board has therefore granted the Veteran's appeal on these issues.

The Board has restored the Veteran's left knee disability rating from 10 percent to 20 percent effective June 1, 2020. The reduction was improper due to inadequate evidence of improvement in the condition.

The Board has granted service connection for the Veteran's claimed left wrist, bilateral knee and left shoulder conditions. Service connection was denied only for his right knee condition.

The Veteran's left knee disability is rated at 20 percent for instability since June 17, 2021. The increased rating in excess of 10 percent for the left knee arthritis was denied.

The Veteran's claims for service connection and increased ratings are remanded due to errors in the decision-making process prior to the current decision.

The Board has remanded the issues of service connection for bilateral knee disability and right hip disability, as well as an initial rating in excess of 50 percent for PTSD. The Veteran's bilateral knee disability is denied due to lack of evidence linking it to service. For PTSD, the Board found that symptoms do not meet the criteria for a higher 70% rating but are consistent with a 50% rating.

The Veteran's claims for service connection and increased ratings have been dismissed. The issues of TDIU, severance of service connection for residuals of a TBI and headache disorder, reduction of rating for acquired psychiatric disorder, and remand for additional determinations on various conditions have been addressed.

The Board has decided to remand the claims for service connection for bilateral knee disabilities due to duty-to-assist errors and insufficient opinions regarding the etiology of the Veteran's knee conditions.

The Board has remanded the Veteran's claims for service connection for bilateral knee disabilities due to inadequate examination and failure to consider lay statements regarding symptom onset.

The appeal regarding the timeliness of a substantive appeal filed in response to the July 2015 rating decision was dismissed as the Veteran and his attorney did not submit a new VA Form 10182 as instructed.

The Board is remanding the case to determine if the Veteran had a service-connected disability at the time of discharge, which would have justified her discharge.

The Veteran's new and relevant evidence, including testimony during his September 2023 Board Hearing, supports the current diagnosis and nexus elements of his service connection claim for a right knee disorder. The appeal is remanded to readjudicate the claim on the merits.

The Veteran's left knee disability is currently rated at 10 percent for limitation of flexion and 10 percent for limitation of extension prior to October 20, 2022. The appeal for higher ratings has been denied.

The Board has remanded the claims for service connection due to missing or presumed destroyed service treatment records and inadequate VA opinions. The Veteran's in-service incident is also being investigated.