Knee Board decisions

The Board has determined that the VA examinations and opinions are inadequate for adjudicative purposes, and thus remanded the case to obtain further clarification on the etiology of the Veteran's bilateral knee disorders.

The Veteran's claims for increased ratings for lumbosacral spine, cervical spine, left knee, and right knee disabilities have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran has withdrawn their appeals regarding the service connection for low back, left knee, and left hip disorders. As a result, these issues are dismissed.

The Veteran's claim for service connection of left knee joint disabilities is remanded due to insufficient evidence regarding the etiology and relationship to service, including a rocket explosion during combat. A new VA examination is required.

The Board denied the Veteran's claims for service connection for right and left knee disabilities, finding that there was no causal link between his current knee conditions and his active service or any service-connected disability.

The Board denied service connection for respiratory, right knee, and left knee disabilities due to lack of evidence showing in-service injury or aggravation.

The Veteran's appeal is remanded due to evidence of possible worsening of his service-connected left knee disability, and a VA examination is needed to assess the current level of severity.

The Board has remanded the Veteran's claims for additional development due to missing service medical records and difficulty in notifying the Veteran of examination dates.

The Veteran's claims for increased ratings and service connection have been granted. The right knee strain, left knee strain, lumbar strain, cervical strain, laryngopharyngeal reflux disease (LPRD), and sleep apnea are all rated at the 10% level. The anterior palatoplasty and uvuloplasty scar claim is denied.

An effective date of October 26, 2011 for the grant of service connection for PTSD is granted. The Veteran's claims for increased ratings and TDIU are remanded.

The Board has determined that the Veteran's Substantive Appeal was timely filed, allowing him to continue pursuing his claims for increased ratings and earlier effective dates for various conditions.

The Veteran withdrew his appeals regarding service connection for lumbar spine, left knee, right knee, and rhinitis conditions. The appeal of whether new and material evidence was presented to reopen a claim for diabetes mellitus, Type II is dismissed. The appeal of whether new and material evidence has been received to reopen a claim for sinus condition is denied.

The Board denied service connection for right knee, lumbar spine, cervical spine, and bilateral hip disorders due to a lack of evidence showing the conditions were incurred or aggravated during active duty.,Service connection was not granted as secondary to a right knee disorder.

The Veteran's claims for increased ratings of his knee and ankle disabilities have been denied. The left knee disability remains at a 10% rating, while the right knee disability has been decreased to a 0% rating effective March 6, 2023. The right ankle disability continues to be rated as 10%. There is no indication of service connection via a presumption or reopening on new evidence.

The Board has determined that the Veteran's claimed hip, knee, and ankle disabilities are not service-connected as they are not related to his active duty service.

The Board has ordered that the AOJ should consider whether a disability rating in excess of 20 percent for left knee instability under the provisions of Diagnostic Code 5257 is warranted, to include an explicit comparison of the newer and older regulatory criteria for the instability-based ratings since February 7, 2021. The Board has also ordered that the AOJ should clarify whether the Veteran seeks to establish entitlement to a TDIU.

The Board denied the Veteran's claim for total disability due to individual unemployability (TDIU) based on his service-connected bilateral knee disabilities and tinnitus, finding that he is not unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities are being remanded due to the need for additional examinations to assess their current severity.

The Board has remanded the Veteran's claims for increased ratings and TDIU as there was not substantial compliance with the March 2022 Board Remand. The claims are also remanded to determine if flare-ups caused additional limitation of motion in the left elbow, knee, or both during a VA examination.

The Board has decided that the Veteran's claims for service connection and initial ratings for tinnitus, left knee surgical scar, bilateral hearing loss, and right knee tendonitis need to be remanded due to procedural issues.