Knee Board decisions

The Board has dismissed the appeals regarding service connection for left shoulder, right knee, right achilles, left achilles, and right shin scar disabilities due to improper concurrent election of multiple review options.

The Board has remanded the Veteran's claims for cervical spine degenerative arthritis, left knee degenerative arthritis, right knee degenerative arthritis, lumbosacral strain with degenerative disc disease and IVDS, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient basis in the VA clinician's opinion. Additional VA examinations are needed to determine current severity of conditions.

The Veteran's appeals for higher ratings and effective dates have been denied as the earliest possible effective date is June 5, 2022, following his separation from service.

The Board has decided that the Veteran's claim for eligibility to enroll in the PCAFC is remanded due to a pre-decisional duty to assist error and inadequate notice. The case will be returned to the AOJ for further action.

The Board has granted service connection for a left knee disability and awarded a 20 percent rating for right lower extremity radiculopathy. The claim for an increased rating for lumbosacral strain was denied.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal.

The appeal regarding the proposed reduction of the Veteran's left knee disability rating from 10% to 0% has been dismissed because a proposed reduction is not an adjudicative determination that can be appealed.

The Board has determined that the reduction of the rating for left knee instability from 20 percent to 10 percent was improper and restored the original 20 percent rating.

The Veteran's service connection for right ear hearing loss and left ear hearing loss is granted. Service connection for shin splints, right lower extremity and left lower extremity, tendonitis and patellofemoral pain syndrome of the knees, and cervical disc protrusion are denied.

The Board has determined that there were duty to assist errors in the VA opinions regarding the Veteran's herniated nucleus pulposus and knee meniscal tears, necessitating remand for additional development.

The Board has decided to remand the Veteran's claims for service connection and increased rating for his right hip strain and right knee disability due to incomplete review of VA treatment records, inadequate medical opinions, and pre-decisional duty to assist errors.

The Veteran's right pes anserine bursitis with limitation of motion during flexion is granted a disability rating of 20 percent, effective July 19, 2013. The Veteran's right knee instability is also granted a separate disability rating of 10 percent, effective July 19, 2013.

The Board denied service connection for right and left knee disabilities, as well as an eyesight disability. The Veteran was not found to have a current diagnosis of these conditions.,Service connection for prostate cancer due to participation in a toxic exposure risk activity (TERA) is also denied.

The Veteran's claims for increased ratings were denied. The low back disability was granted a 40 percent rating, but no higher. Other conditions had their ratings denied.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected depressive disorder and right knee and bilateral ankle disabilities, granting service connection for this condition.

The Veteran's appeals for increased ratings for left ear hearing loss, right knee arthritis with limitation of motion, and right knee instability were denied. The evidence did not support the assignment of higher disability ratings.

The Board has granted an effective date of January 5, 1998 for the award of service connection for left knee disability. The claim for earlier effective date for right knee disability is denied. The claims for higher initial ratings for bilateral knee disabilities are remanded.

The Veteran's service-connected left knee, right knee and left hip conditions have been remanded for further evaluation due to incomplete records and inadequate examination reports.

The Veteran's TDIU claim is granted based on his service-connected lumbar spine disability. The SMC housebound and aid and attendance claims are denied due to lack of evidence showing the need for regular aid and assistance.

The Board has dismissed the Veteran's appeals for service connection for a right knee injury, a compensable rating for left knee patella fracture status post-surgical repair with limitation of flexion, and a disability rating in excess of 30 percent for left knee patella fracture status post-surgical repair with limitation of extension due to non-compliance with the mandatory claim-processing rule.