Knee Board decisions

The Veteran's nonservice-connected pension claim is denied because he did not serve in a period of war and thus does not meet the eligibility requirements for pension benefits.

The Board has remanded the case for a supplemental statement of the case (SSOC) to address the issue of entitlement to a disability rating greater than 50 percent prior to January 24, 2019 for left knee anterior cruciate ligament strain status post total arthroplasty. The RO will need to issue this SSOC and provide an opportunity for the Veteran to respond.

The Board has restored the previous ratings for scars, right knee, traumatic arthritis with limited flexion, and limitation of extension, all at 20 percent, effective September 1, 2015 to October 22, 2015.

The Veteran's TDIU claim is remanded due to the combined rating not meeting the percentage requirements for schedular entitlement, and the Board finds evidence suggesting he may be unable to work due to his service-connected disabilities. The case must now be submitted to the Director of Compensation Services for extraschedular consideration.

The Board has remanded the Veteran's claims for increased ratings and rating reduction issues due to incomplete medical records, including lack of range of motion measurements from a March 2008 examination. The Veteran is also being asked to complete an application for TDIU.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the appellant's withdrawal of these claims.

The Veteran's right knee disability is currently rated at 10 percent, but the Board found that it does not warrant a higher rating based on current evidence of record.

The Board has granted a separate 10 percent rating for slight instability as residual of right patella fracture. The appeal regarding increased rating for residuals of right patella fracture and TDIU prior to January 31, 2013 is remanded due to outstanding records and the need for a medical opinion.

The Board has remanded the Veteran's claims for increased ratings for his left and right knee disabilities, as well as his claim for TDIU prior to July 13, 2015. The remand is due to the need for new VA examinations to assess the current severity of these conditions.

The Veteran's claim for TDIU prior to March 4, 2014 is denied as the evidence does not show that he was unable to secure and follow a substantially gainful occupation due to service-connected disabilities.

The appeal to reopen the claim of entitlement to service connection for a right knee disability is granted. Service connection for a right knee disability is denied.

The Veteran withdrew his appeals regarding service connection for left knee, right knee, and left hip disorders. The Board dismissed the appeal as a result.

The Veteran's left knee strain disability is being remanded for further development, including obtaining an addendum opinion regarding the functional effects of flare-ups and repetitive use on his knee.

The Veteran's claim for a left ankle disability is denied as he does not have a current diagnosis of this condition.,The Veteran's lumbar spine disability has been restored to its prior 20% rating effective October 1, 2017.

The Veteran's service-connected disabilities render him unable to obtain and retain substantially gainful employment from October 20, 2004, to April 7, 2010.

The Board has determined that the etiological opinions provided by VA examiners are not based on an accurate factual premise and lack probative weight. Therefore, these claims are remanded for additional development.,VA examiners have failed to consider the Veteran's lay statements regarding his symptoms and their continuity since service.

The Board has remanded the Veteran's claims of service connection for right knee pain (osteoarthritis) and left knee pain (s/p total knee replacement). The case is being returned to the AOJ for further development.

The Veteran's left knee instability is rated at 30 percent from July 30, 2014 to August 28, 2020. The evaluation was denied as the symptoms did not meet criteria for a higher rating.

The Veteran's left knee disability is found to have onset during service and has continued since then, meeting the criteria for service connection.

The Board has remanded the case due to insufficient rationale in the previous VA examination opinions regarding the etiology of the Veteran's left lower extremity condition and arthritis. The examiner is required to provide a fully explained rationale for their opinions.