Knee Board decisions

The Board has remanded the Veteran's claims for increased ratings and service connection due to deficiencies in VA examinations, a duty to assist error regarding records from Dr. M, and issues related to peripheral neuropathy/tremors potentially linked to herbicide exposure.

The Veteran's bilateral knee and hip disabilities, as well as his psychiatric disorder, are being remanded for further examination to determine if they are secondary to his service-connected back disability. The TDIU claim is also remanded.

The Board has remanded the claim of entitlement to total disability for individual unemployability (TDIU) due to conflicting assertions regarding whether the Veteran requires more time to submit a VA Form 21-8940 and whether it is required at all. Further, a retrospective VA opinion must be obtained that provides an analysis of the Veteran's service-connected disabilities on his employability since June 2000.

The Veteran's left knee instability post ACL reconstruction is rated at 20 percent from May 8, 2006. The right knee tumor excision scar and functional impact are not service-connected.

The Veteran's PTSD is granted as service-connected. The right knee and low back disabilities are remanded for further examination and determination of their etiology.

The Veteran's claims for tinnitus, right and left ankle disabilities, right and left knee disabilities, and right and left shoulder disabilities have been granted. The service connection is established based on direct evidence of a current disability, in-service exposure to noise, and continuity of symptoms since separation from service.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected bilateral knee disabilities, including any symptoms related to instability and the need for assistive devices.

The Veteran's duodenal ulcer was rated at 10 percent from March 4, 2011, to September 28, 2018. From September 28, 2018, the rating increased to 20 percent but no higher. The right knee subluxation/lateral instability was initially rated at 20 percent and then denied for an increase.

The Board has decided to remand the Veteran's claims for a left knee disorder and an acquired psychiatric disorder due to outstanding medical records during his period of incarceration. The case will be further evaluated by VA examiners.

The Board denied a separate compensable disability rating for right knee instability prior to November 7, 2016, finding that the evidence did not support the presence of instability during this period.

The Board has remanded the Veteran's claims for additional development due to new evidence received and incomplete records from his service.

The Board denied service connection for vertigo and denied initial evaluations in excess of 10 percent for left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and right lower extremity radiculopathy. The appeal of sleep apnea was dismissed.

The Veteran's appeal for obesity and weight gain is dismissed.,Service connection for a right knee disability is granted, with the condition being secondary to service-connected left knee disabilities.,The Veteran's claim for a right ankle condition is remanded.

The Board has remanded several service connection claims due to the addition of new medical records since the last decision in February 2021. The Veteran was given an opportunity to have these records considered by the agency of original jurisdiction before the Board's consideration.

The Board has remanded the Veteran's claims for service connection for right knee, right shoulder, and left shoulder conditions due to insufficient medical opinions regarding the nature and etiology of these conditions. The VA is directed to obtain additional medical opinions addressing whether the Veteran's current conditions are related to his military service or any environmental exposures.

The Veteran's left knee disability is rated at 50% from December 16, 2022. The rating was granted as part of a combined rating for both knees.

The reduction in rating for the left knee disorder from 30% to 10% is void ab initio, and a restoration of the 30% rating is granted. Special monthly compensation at the statutory housebound rate effective August 30, 2021 is granted. The Veteran's claims for higher ratings and service connection are remanded.

The Veteran was granted a TDIU for the period from July 24, 2012 to July 9, 2017 due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation. The claim is moot as of July 10, 2017 when he received a 100% disability rating for ischemic heart disease.

The Veteran's appeal for higher ratings on his left shoulder and knee disabilities, as well as a TDIU claim, was denied. The decision found that the evidence did not support higher ratings based on the severity of his conditions.

The Board has remanded the claims for service connection for left ankle disability, bilateral hearing loss, hypertension, left wrist disability, right knee disability, left knee disability, right shoulder disability, and left shoulder disability due to a pre-decisional duty-to-assist error.