Knee Board decisions

The Board has granted service connection for left knee arthritis and right knee arthritis, finding that the Veteran's current bilateral knee conditions are related to increased physical demands and overuse during his military service.

The Board has decided to remand the Veteran's claims for left knee condition, right knee condition, and low back condition as secondary to knee injury due to duty-to-assist errors. A VA examination is required for the left knee condition, and efforts must be made to obtain private treatment records.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since October 1, 2015. The Board has granted a TDIU effective June 14, 2018.

The Veteran's claims for increased ratings for various service-connected conditions have been denied. The Board found that the evidence did not support a higher rating for any of the conditions.

The Board has remanded the claims for back disability, bilateral pes planus, right knee disability, and left knee disability due to inadequate VA medical examinations. The Veteran will need new VA examinations to assess his current functional impairment.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and entitlement to DIC under 38 USC § 1318, finding that there was no evidence linking the Veteran's death to his military service or any service-connected disabilities.

The Board has remanded the cases due to a duty to assist error, specifically regarding the lack of an adequate rationale for the Veteran's claimed lumbar spine, left shoulder, right shoulder, right knee, and bilateral plantar fasciitis disabilities.

The Veteran's osteopenia, manifested by pain and causing impairment in earning capacity, is granted. The right lower extremity fractures are remanded for further evaluation.

The Board denied increased ratings for the Veteran's right knee extension and flexion, but granted a 10 percent rating for right knee instability effective February 1, 2021.

The Board has determined that the Veteran's claim for service connection for a right knee disability should be remanded due to errors in duty to assist and incomplete medical opinions. The claims file needs to be updated with any outstanding VA treatment records, particularly from Temple, Texas, Salt Lake City, Utah, and Little Rock, Arkansas. An addendum opinion is also needed from the March 2022 VA examiner or an appropriate medical professional.

The Board has remanded the claims of service connection for low back disorder, right knee condition, and left knee condition due to a duty-to-assist error. The Veteran's lay statements indicate his conditions are related to active-duty service, including carrying heavy items and standing in vehicles over rough terrain.

The Board granted service connection for a right foot disability, left foot disability, and left knee strain on a direct basis.

The Veteran's claim for SMC based on the need for aid and attendance prior to December 15, 2021 was denied as there is no evidence showing he required regular aid and assistance due to his service-connected disabilities.

The Board has granted service connection for right foot pain, left foot pain, right knee pain, and left knee pain as secondary to obesity caused by the Veteran's service-connected benign paroxysmal positional vertigo (BPPV).

The Board denied service connection for right and left knee disabilities, finding no current diagnosis of such conditions in the medical records.

The Veteran's initial rating for tinnitus remains at 10 percent, and service connection is granted for a sleep disability. The Board finds the evidence in equipoise as to whether the Veteran's back, psychiatric, right hand, lower leg, or knee disabilities had their onset during active service.

The Board has determined that the claim of entitlement to an evaluation in excess of 10 percent for residuals, status post right knee medial meniscectomy is not ripe for appellate review due to pre-decisional errors. The claim is remanded to obtain authorization and request private treatment records from Dr. Paul Pandolfiø, in Navarre, Florida, and to obtain supplemental medical opinions addressing the Veteran's functional limitations without considering the ameliorating effects of hydrocodone.

The Veteran's left knee strain, meniscal tear, and degenerative arthritis are found to be related to his service-connected ankle disabilities. His low back disability is also found to be related to his service-connected ankle disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional development and medical opinions regarding his mental state at the time of misconduct, as well as obtaining relevant treatment records.