Knee Board decisions

The Board dismissed the appeals of the Veteran's claims for increased evaluations for left knee strain with degenerative arthritis and left knee instability due to premature filing of the Notice of Disagreement (NOD).

The Board has granted service connection for bilateral knee replacements, finding that the Veteran's current conditions are related to his in-service duties of pole climbing and running in boots.

The Veteran's right knee surgery in November 2019 did not necessitate a period of convalescence lasting at least a month, nor did the surgery result in severe postoperative residuals or immobilization. Therefore, her claim for a temporary total evaluation is denied.

The Board has remanded the claim of service connection for obstructive sleep apnea (OSA) and its secondary relationship to PTSD, degenerative arthritis of the right and left knee, degenerative arthritis of the lumbosacral spine, right and left ankle conditions, and nasal bone fracture residuals due to a duty to assist error.

The Board has granted an earlier effective date of March 12, 2019 for the Veteran's entitlement to a total disability rating based upon individual unemployability (TDIU), subject to certain legal requirements.

The Board has denied the Veteran's claims of service connection for bilateral plantar fasciitis, cervical spine disorder, headaches, left shoulder disorder, right knee disorder, and left knee disorder. The evidence does not support a finding that any of these conditions are related to service.

The Board has denied the Veteran's claims for service connection for right knee, left knee, lower back, and acquired psychiatric disorders due to a lack of evidence linking these conditions to his military service.

The Veteran's tinnitus is granted service connection, but his right knee and lower back conditions are denied.

The Veteran's claims for increased ratings and service connection were denied. The left hip bursitis claim was not granted, as the evidence did not support an increase in rating based on ankylosis or limitation of motion. The right knee arthritis with soleus strain and shin splint claim was also not granted, as the evidence did not show a higher level of disability warranting a 20% rating under current criteria. Service connection for GERD was denied due to lack of service connection and no aggravation by a service-connected condition.

The Veteran's service connection claims for degenerative arthritis of the spine, right hip strain, left hip strain, right knee strain, and left knee strain are being remanded due to a lack of consideration of lay evidence regarding the onset and continuity of symptoms.

The Board has remanded the claims for bilateral knee and hip conditions due to a duty to assist error, requiring additional medical opinions on etiology.

The Veteran's claims for service connection for bilateral foot, neck, left knee, and right knee disabilities have been remanded due to duty to assist errors.

Your appeal to connect your right knee strain with degenerative arthritis to service is dismissed.

The Veteran's vertigo is rated at a 10 percent rating, effective from the date of his claim.,The Veteran's TDIU application was denied as he did not meet the criteria for a TDIU under VA regulations.

The Board has granted eligibility for the direct payment of attorney fees to the appellant from past due benefits awarded in a May 2022 rating decision granting increased ratings for PTSD and a right knee disability, as well as entitlement to a TDIU.

The Board is remanding all issues for correction of a pre-decisional duty to assist error.,Specifically, the Veteran's service connection claims for tinnitus, left knee disability, right knee disability, right great toe disability, right ear hearing loss, and left ear hearing loss are being remanded due to the AOJ not having scheduled examinations or obtaining medical opinions prior to denying these claims.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for left knee strain and left ankle sprain, including as secondary to his right knee disabilities. The case is being remanded for further examination and opinions.

The Board has determined that the Veteran's right knee meniscal tear is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the Veteran's claims for increased ratings for his right and left knee disabilities prior to May 18, 2017 due to a lack of compliance with previous remand instructions.

The Board has remanded the Veteran's claims for service connection due to insufficient examination opinions and incomplete medical records. The Veteran is seeking service connection for his right knee, left knee, and lower back disabilities, which he contends are related to in-service injuries.