Knee Board decisions

The Board has remanded the claims for increased ratings and TDIU due to a duty to assist error, requiring further examination of the Veteran's knee disabilities.

The Board has remanded the claims for right knee medial meniscectomy with traumatic arthritis and TDIU due to inadequate medical opinions regarding the severity of the Veteran's service-connected right knee disability. The VA must obtain an addendum opinion assessing the retrospective severity of the Veteran's condition, including quantifying the loss of range of motion associated with flare-ups.

The Veteran's TDIU claim is granted with an effective date of November 22, 2011. The Board found that the Veteran has held only marginal and protected employment since this date due to her service-connected disabilities.

The Veteran's claims for earlier effective dates of service connection for thoracolumbar strain, degenerative arthritis of the right knee, and right knee scars have been denied.,There is no evidence in the record that supports an earlier effective date for any of these conditions.

The Board denied the Veteran's claims for increased ratings for bilateral hearing loss, left knee arthritis, and initial ratings for left hip limitation of flexion and extension, as well as left ankle arthritis. The decision found that the Veteran's service-connected conditions did not meet or more nearly approximate the criteria for higher disability ratings at any point during the appeal period.

The Board has determined that the Veteran's current bilateral knee and shoulder conditions are not related to his active service, and thus denied his claims for service connection.

The Board has decided to remand the Veteran's claim for left knee varicose veins due to a lack of an adequate medical opinion, and thus requires further examination.

The Veteran is denied a rating in excess of 20 percent for his service-connected left knee post surgical repair prior to October 22, 2019.

The Veteran's appeal for service connection for right wrist arthritis with post traumatic deformities and right knee degenerative arthritis was granted, with a rating of 10 percent effective April 8, 2013. The issue of the reasonableness of attorney fees based on past-due benefits awarded in the July 2022 rating decision is remanded to the Office of General Counsel.

The Board has granted the Veteran's claims for service connection for left knee strain, left hip strain, and right hip strain secondary to his service-connected right bunion.

The Veteran's claim for increased ratings for his right knee scars, instability, and limitation of flexion was denied. The Board found that the evidence did not support a compensable rating for the scars or a rating in excess of 10 percent for the limitation of flexion. A rating of 20 percent was granted for right knee instability.

The Veteran's bilateral hearing loss is rated as noncompensable. The Board has remanded the cases for further examination and medical opinions regarding service connection for left knee degenerative arthritis and cervical spine strain.

The Veteran's claims for effective dates prior to May 17, 2021, for service connection of tension and post-traumatic headaches, right knee patellofemoral pain syndrome, and tinnitus were denied.,The Board found that the intent to file was submitted to VA greater than a year after the initial claim, which is not allowed under the regulations.

The Board denied service connection for left and right knee strains as there was no evidence of in-service injury or disease, and the Veteran's current diagnoses were not shown to be related to his military service.

The Board has remanded the claims for service connection for OSA, turf toe (left and right feet), left lower extremity radiculopathy as secondary to lumbar spine disorder, right lower extremity radiculopathy as secondary to lumbar spine disorder, and right knee disorder due to inadequate examination reports. The Veteran's current disabilities are not established by the evidence of record.

The Board has decided to remand the case due to insufficient records and failure to meet statutory notice requirements. The Veteran's claim for payment or reimbursement of medical services provided by SHMA on December 25, 2020 is being reviewed.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which in turn led to his obstructive sleep apnea. The claim will be reconsidered with a new medical opinion.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the evidence did not support a higher rating for his lower back disability, right and left lower extremity radiculopathy, or residuals of a right knee injury with chondromalacia and degenerative changes.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a need for additional medical opinions.

The Veteran's service-connected disabilities, including traumatic brain injury and PTSD, have resulted in the need for regular aid and attendance of another person. The Board finds it at least as likely as not that the Veteran is in need of such assistance due to his service-connected conditions.