Knee Board decisions

The Veteran's claims for service connection for an acquired psychiatric disorder and bilateral knee disorders are remanded due to the need for additional medical examinations and consideration of missing records.

The Board has granted a 10 percent rating for limitation of flexion of the right knee, but denied any increase in ratings for other issues. The Veteran's service-connected conditions are rated based on their direct effects rather than through a presumption or secondary theory.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, which is granted for special monthly compensation (SMC) based on aid and attendance.

The Veteran withdrew his appeal, so the issues of service connection for an acquired psychiatric disorder and a left knee disability are dismissed.

The Board has remanded 16 claims for service connection due to a failure to provide notice of the right to a hearing on a supplemental claim.

The Board denied service connection for sleep apnea syndrome, frequent falls and unbalance, headaches, right shoulder disability, back disability, left hip disability, and left knee disability. The evidence did not support a finding that these conditions began during service or were linked to service.,VA examinations and etiology opinions found no link between the Veteran's current diagnoses of sleep apnea syndrome and frequent falls and unbalance with his military service.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is not entitled to a compensable evaluation for his bilateral hearing loss, an initial rating in excess of 10 percent for his right knee strain or left knee strain, or an initial rating in excess of 30 percent for his PTSD.

The Board has granted effective dates of January 30, 2023 for the grant of service connection for right knee patellofemoral pain syndrome with limitation of extension and adjustment disorder with mixed anxiety and depressed mood. The Veteran's earlier effective date claims have been denied.

The Veteran's claim for a 50% rating for migraine headaches is denied as it is not factually ascertainable that his migraines increased in severity to warrant such a rating within the year prior to the receipt of his January 10, 2023, claim. The effective date remains at January 10, 2023.

The Veteran's right knee disability, including arthritis and instability, is rated at 20% for the initial rating period from December 7, 2024. The left knee disability remains at a 10% rating.

The Veteran has withdrawn their appeal regarding increased rating for generalized anxiety disorder, service connection for left and right knee disabilities, and entitlement to a total disability based upon individual unemployability (TDIU). As a result, the Board dismisses this appeal.

The appeals seeking an effective date prior to November 8, 2011, for the award of a TDIU rating and an effective date prior to November 8, 2011, for the award of basic eligibility to DEA are dismissed.,Entitlement to an initial rating in excess of 60 percent for left below the knee amputation is denied. The Veteran's service-connected disabilities do not satisfy the criteria for SMC at the (o) rate, the maximum rate authorized under 38 U.S.C. § 1114(p), or SMC at the rate intermediate between the rates authorized under (n) and (o) and SMC at the (k) rate.,Entitlement to an initial rating in excess of 20 percent for amputation of the right second toe from October 29, 2012, to November 14, 2012, is denied. The Veteran underwent a right below the knee amputation due to non-healing of his right second toe.

The Veteran's claims for service connection and increased ratings are being remanded.,Effective dates for the awards of service connection will be determined based on the specific issues addressed.

The Veteran's service-connected disabilities rendered him unable to secure or follow any form of substantially gainful employment prior to March 26, 2020. The effective date for the grant of TDIU is set at December 11, 2019.

The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on the need of regular aid and attendance due to his psychiatric symptoms.

The Board has granted service connection for the Veteran's left knee, right knee, and right ankle conditions, finding that these conditions began during active duty.

The Veteran's claims for arthritis of the hands and fingers, knees, erectile dysfunction, and acquired psychiatric disorder have all been denied as there is no evidence showing these conditions began during service or are otherwise related to an in-service injury or disease.

The Veteran's claims for service connection have been reopened, and the Board finds that tinnitus, bilateral hearing loss, anxiety disorder, gastroesophageal reflux disease (GERD), and right knee disability are related to active service. The remaining issues remain pending.

The appeal for service connection of right knee disability is dismissed as the claim was fully granted in a prior rating decision. The appeals for other conditions are remanded.

The Board has determined that the VA examinations provided were inadequate and remands are required to obtain medical opinions with sufficient detail and rationale, so the Board's evaluation of the claimed disabilities can be a fully informed one.