Knee Board decisions

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring a new VA examination for right knee strain.

The Board has remanded the Veteran's claims for chronic right and left knee disabilities due to inadequate opinions in the June 2018 VA examination. The Veteran contends his current knee conditions are related to his active duty service as a paratrooper.

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to the need for additional examinations and evaluations.

The Veteran's right knee limitation of flexion is rated at 10 percent, and a separate 10 percent rating for right knee instability is granted.

The Board denied the Veteran's claims for an effective date prior to June 6, 2017 for the grant of service connection for left knee osteoarthritis and scars. The decision is based on the finality of previous rating decisions and the lack of a pending claim before the current effective date.

The Veteran's left knee strain is granted as secondary to his service-connected right ankle lateral collateral ligament sprain and left ankle strain. The claims for diabetes mellitus type II, heart condition, and acquired psychiatric disability other than PTSD are remanded.

The Veteran's right and left knee disabilities have been rated at 10 percent each, but the Board has found that they warrant separate ratings for instability under Diagnostic Code 5257. The claims of entitlement to higher initial ratings are being remanded due to a duty to assist error.

The Board has remanded the case due to a duty-to-assist error and for further examination and medical opinion regarding the cause of the appellant's bilateral knee disorder.

The Veteran's claims for increased rating of left knee disability and service connection for psychiatric disorder were denied. The Board found no evidence to support a higher rating or service connection.

The Veteran's claim for service connection for obesity and a rating greater than 10 percent for chondromalacia, left knee is denied. The case is remanded for further evaluation of the left knee disability.

Service connection for tinnitus is granted. Service connection and initial ratings for left ear hearing loss, right ear hearing loss, intervertebral disc syndrome (IVDS) with degenerative arthritis of the lumbar spine, left lumbar radiculopathy, right knee disability, left knee disability, cervical spine disability, right shoulder disability, left shoulder disability, right elbow disability, and left elbow disability are denied. Service connection for major depressive disorder is also denied.

The Veteran's service-connected conditions, including his panic disorder and left knee disabilities, have rendered him unable to secure or follow a substantially gainful occupation since October 28, 2021. However, the VA examination did not adequately assess the severity of his left knee disability during flare-ups.

The Veteran's bilateral hearing loss and knee disorders are related to his military service, but the claims for right and left knee disorders need further examination as they were not addressed in the initial decision.

The Veteran withdrew his appeals for the compensable rating for a metallic foreign body (FB) left 5th finger, service connection for bilateral hearing loss, right knee disorder, left knee disorder, sleep apnea, and sleep disturbance.

The Board has determined that additional development is needed to correct pre-decisional duty to assist errors for the Veteran's claims of service connection for a right knee disorder and an inguinal hernia. The claims are being remanded for further examination and opinion.

The Board has decided to remand the case due to a duty-to-assist error regarding missing VA treatment records from 1985 to 2007. The Veteran's right knee condition claim will be reconsidered with these additional records.

The Veteran's right knee disability is granted service connection, while her cold injury residuals of the right and left fingers are denied due to lack of a causal link to service.

The Veteran's right knee arthritis is at worst manifested by painful motion of the joint, which warrants an initial rating of 10 percent.

Your appeals for restoration of service connection for right knee strain with chondromalacia, right knee instability, left knee strain with chondromalacia and tendinitis, and left knee instability have been dismissed as the issues have already been granted by the AOJ.

The Veteran's low back disability is rated at 40 percent, effective as of the date of this decision.,Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathy.