Knee Board decisions

The Board has remanded the case due to inadequate examination and improper reliance on a partial basis for denying an increased rating. The Veteran's right lower extremity disability includes multiple conditions, including fractures, surgeries, and knee instability. The claim is being remanded to schedule the Veteran for an adequate VA examination to determine the severity of his disabilities.

The Board has decided to remand the case due to a lack of evidence in service treatment records and an impermissible reliance on that absence. The Veteran's right knee condition is being reviewed again for proper consideration.

The Veteran withdrew his appeal, requesting to withdraw all issues related to the initial evaluation for left shoulder strain and service connection for various conditions including right shoulder strain, right ankle sprain, left ankle sprain, anxiety, right knee disability, left knee disability, erectile dysfunction, lumbosacral strain, migraines headaches, right upper hand nerve damage, left upper hand nerve damage, and sleep disturbances and/or insomnia.

The Veteran's right knee strain is granted as service connected, with the Board finding that his current condition is related to a fall from a crane during military service.

The Board has denied service connection for right knee strain and right shoulder condition. The Veteran's headaches are also being remanded for further evaluation.,Service connection is not granted for the Veteran's claimed right knee strain, right shoulder condition, or headaches.

The Board has granted service connection for thoracolumbar spine disorder, right hip disorder, right knee disorder, left knee disorder, and left ankle disorder. The Veteran's obstructive sleep apnea is also considered secondary to his service-connected orthopedic disabilities.

The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70 percent rating.,The right knee strain did not meet the criteria for a rating in excess of 10 percent.

The Veteran's claims for service connection are being remanded due to duty-to-assist errors. The Veteran failed to attend scheduled VA examinations and the AOJ did not properly develop the claim in accordance with M21-1 provisions governing claims involving foreign residency.

The Board has denied service connection for right wrist, left wrist, and cervical spine disabilities due to the lack of current disability evidence. The Veteran's claims for acquired psychiatric disorder, lumbar spine disability, bilateral knee disabilities, bilateral foot disability (claimed as flatfeet), sleep apnea, and skin condition are remanded.,The Board has denied service connection for right wrist, left wrist, cervical spine, and lumbar spine disabilities due to the lack of current disability evidence. The Veteran's claims for acquired psychiatric disorder, bilateral knee disabilities, bilateral foot disability (claimed as flatfeet), sleep apnea, and skin condition are remanded.

The Board has decided to remand the Veteran's claims for service connection for kidney disability, left knee disability, low back disability, and neck disability due to potential duty-to-assist errors prior to the January 2023 decision. The VA is required to obtain relevant Community Care records from VistA Imaging system and provide the Veteran with appropriate examinations to determine the etiology of his disabilities.

The Veteran's claims for service connection for various conditions are being remanded due to the need for VA examinations.

The Board has dismissed the appeals for right knee disability, left knee disability, and back disability as the appellant requested withdrawal of the appeal.

The Board has denied the Veteran's claims for service connection for right knee disability, left knee disability, and tinnitus. The denial is based on a lack of current diagnoses or evidence linking these conditions to service.

The Board has granted service connection for erectile dysfunction as secondary to the Veteran's service-connected left knee chondromalacia with osteoarthritis and right knee chondromalacia patellae with osteoarthritis. The evidence supports that the Veteran's ED is related to his bilateral knee conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to a failure to provide notice of his right to a pre-decisional hearing before the AOJ.

The Board has remanded several claims for increased ratings and service connection due to duty-to-assist errors, including obtaining private treatment records and VA examinations.

The Board has reopened the Veteran's claim for service connection for sleep apnea due to submission of new and relevant evidence. The effective date for the increased rating of lumbosacral strain is set at July 16, 2021. The remaining issues are remanded for further review.

The Board has remanded the cases for further development and examination due to insufficient evidence regarding the nature and etiology of the Veteran's claimed disabilities, including their relationship to service.

The Veteran's appeal for an increased rating for his right total knee replacement has been withdrawn.,An effective date of July 11, 2022, is granted for the award of service connection for right lower extremity radiculopathy.,The claim for an earlier effective date for left knee anterior cruciate ligament tear and osteoarthritis remains denied as there was no pending or unadjudicated claim prior to June 28, 2022.,Service connection is granted for the left medial malleus fracture status post open reduction internal fixation.,An increased rating of 10 percent is denied for right knee instability before March 22, 2010.,An increased rating of 10 percent is denied for left knee anterior cruciate ligament tear.,An increased rating of 10 percent is denied for low back strain with scoliosis and degenerative joint diseases with intervertebral disc syndrome.,A compensable disability rating is denied for right lower extremity radiculopathy.

The Board has granted service connection for right and left knee disabilities, with an initial rating of 100% effective from the date of the April 2022 decision.