Knee Board decisions

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for service connection for left knee strain and right knee strain, both of which were previously denied. The Veteran's lay statements, VA examination reports, and private medical records have provided a nexus between his in-service knee injuries and current bilateral knee conditions.

The Veteran's claim for left knee conditions was granted with an effective date of May 17, 2019. The claim for a cervical spine disability resulted in a 30% rating and effective date of November 10, 2021.,A TDIU was awarded on November 10, 2021, with an effective date of September 9, 2019. The issue of whether the TDIU should have been granted earlier is currently under review.

The Board has denied the Veteran's claims for higher ratings and earlier effective dates for his bilateral knee osteoarthritis, lumbar spine degenerative arthritis, and left ankle strain. The criteria for a rating in excess of 10 percent have not been met for any of these conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in the initial rating decisions. The Board is unable to review evidence submitted after the RO's Rating Decision on appeal, but will consider it during the remand process.

The Veteran's claims for increased ratings for low back pain with L4-L5 disc protrusion, bilateral radiculopathy, and bilateral knee disabilities were denied as the Veteran refused to report for VA examinations.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not due to or aggravated by his service-connected PTSD, right knee strain, left knee strain, and right ankle sprain, including resulting weight gain. The decision also acknowledges that the Veteran's service-connected disabilities are risk factors for weight gain.

The Veteran's claims for service connection for hyperlipidemia, bilateral hearing loss, right hand numbness, a psychiatric disability (to include anxiety, depression, insomnia, and short term memory loss), and bilateral gout of the feet and knees have all been denied as there is no evidence to support these conditions were incurred or aggravated by military service.

The Board has decided to remand the Veteran's claim for service connection for left knee pain due to a lack of an adequate medical opinion regarding whether his current condition is related to active service. The case will be returned for further review and an addendum opinion from a VA examiner.

The Veteran's claim for a compensable rating for his left ring finger condition was denied as the evidence did not show that it most closely approximated amputation or any other disabling condition affecting another finger.,Service connection for hearing loss was denied because there is no reliable evidence showing that the Veteran has a hearing loss disability under VA regulations.

The Board has dismissed the Veteran's appeals for increased evaluations and service connection claims related to his hip and knee conditions due to untimely filings.

The Board has granted service connection for left knee patellofemoral syndrome and degenerative disease, right knee patellofemoral syndrome and degenerative disease, and bilateral pes planus. The Veteran's current disabilities are found to be related to his military service.

The Board has granted the Veteran's claims for service connection for left knee disabilities, effective January 3, 2011. The decision is based on clear and unmistakable error in the June 2012 rating decision that denied service connection due to failure to apply the provisions of 38 C.F.R. § 3.304(d).

The Veteran's left knee, right knee, and back disabilities are all granted service connection.,An effective date of November 4, 2017, is granted for the 10% rating increase for a painful surgical thyroid scar.

The Board has remanded the Veteran's claims for service connection for left knee and low back disabilities due to a duty to assist error. The AOJ must obtain records from Dr. K.D., who previously owned the medical practice of Dr. T.G., where the Veteran received treatment.

The Veteran's claims for increased ratings and TDIU prior to December 16, 2021 are being remanded due to incomplete development as per the previous Board decisions.

The Veteran's right wrist tendonitis and right shoulder strain (dominant) have been granted a disability rating of 20 percent each, while the right knee condition has not met the criteria for a compensable rating.

The Board denied an earlier effective date for the award of a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance (DEA). The Veteran's bilateral knee, low back, and hearing loss disabilities were found to have worsened prior to October 24, 2013, but no other service-connected conditions worsened in the one-year period preceding the claim.

The Veteran's appeal for service connection for left foot cellulitis scar, left knee condition as secondary to service-connected left ankle strain, and right knee condition as secondary to service-connected left ankle strain has been dismissed due to untimely filing.,The Veteran's appeal for service connection for left foot pain and right foot pain has also been dismissed due to untimely filing. The Veteran was granted service connection for back strain.

The Board has granted an earlier effective date of October 30, 2009 for the grant of a TDIU and basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 due to service-connected disabilities.