Knee Board decisions

The Board has remanded the cases for referral to VA's Director of Compensation Service for extraschedular consideration regarding TDIU and DEA benefits prior to September 22, 2009. The issues are inextricably intertwined.

The Board has remanded the claims of service connection for a bilateral knee condition, obstructive sleep apnea, and tinnitus due to errors in characterizing the Veteran's service and incomplete private treatment records.

The Board has granted earlier effective dates of March 6, 2020 for the assignment of a 30 percent evaluation for left knee flexion and a 20 percent evaluation for left knee instability.

The Board has granted service connection for left knee instability and left knee strain with recurrent patellar dislocation, chondromalacia patellae and sprain of the medial patella retinacula.

The Veteran's appeals for service connection were dismissed as he did not file a Notice of Disagreement within one year of the December 2022 rating decision, and his request for an extension was denied.

The Board has denied the Veteran's claims for service connection for bilateral knee disability, non-ischemic dilated cardiomyopathy, and bilateral hip degenerative joint disease. The evidence did not establish an in-service injury or event related to these conditions, nor could it be presumed due to military service.

The Veteran's claims for increased ratings for left and right knee arthritis prior to the surgeries were denied. The VA examinations did not find any limitation of motion specifically attributable to pain, and the disabilities are rated based on their inherent characteristics rather than functional loss due to pain.

The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities effective September 1, 2018. The decision also remanded the issue of TDIU prior to September 1, 2018 for referral to the Director of Compensation Services for extraschedular consideration.

The Veteran seeks earlier effective dates for TDIU and DEA benefits due to service-connected disabilities. The Board finds that the failure to refer the issue of entitlement to a TDIU prior to July 17, 2015, to the Director was an error in satisfying a regulatory duty, as it has a reasonable possibility of aiding in substantiating the claim.

The Veteran's PTSD is granted a 100% rating, and his left total knee arthroplasty residuals are granted a 60% rating prior to November 8, 2021. The appeal for a higher rating on or after November 8, 2021, for the left knee disability remains pending.

The Veteran's claim for tinnitus has been granted, and the Board is dismissing it. The Veteran's claims for bilateral hearing loss disability, right shoulder disability, right elbow disability, right hip disability, and right knee disability are being remanded due to procedural errors in obtaining medical opinions.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment since February 2, 2019. Effective that date, he is granted TDIU and DEA benefits.

The Veteran's appeals for higher evaluations of their right total knee arthroplasty and right knee surgical scar have been dismissed due to the Veteran's death.

The Board has remanded the Veteran's claims for an initial evaluation higher than 10 percent for various service-connected disabilities, including degenerative arthritis of the knees and lumbar spine, left elbow bursitis, and rotator cuff tendonitis of the shoulder. The remand is due to inadequate examination reports that do not provide specific findings regarding range of motion loss due to pain.

The Board has decided to remand the claims for service connection due to a duty to assist error, requiring new medical opinions.

The Veteran's bilateral knee total replacements are granted with a maximum disability rating of 60 percent, effective November 9, 2021. The claims for right and left knee surgical scars were denied.

The Veteran's appeal for service connection of a right knee disability was dismissed because the VA Forms 10182 were not filed within one year from the November 2019 decision, and no good cause was shown to extend the filing deadline.

The Board has decided to remand the claims for service connection for left and right knee disabilities due to a duty-to-assist error in the prior examination.

The Board has granted service connection for right and left knee disabilities, characterized as Osgood-Schlatter Disease - Osteochondromatosis, and manifested by pain and limited motion. Service connection for hypothyroidism is also granted.

The Veteran's claim for right knee total replacement, migraine headaches, internal derangement of the right ankle, major depressive disorder, degenerative arthritis with IVDS and strain in the lumbar spine, sciatic radiculopathy in both lower extremities, left knee meniscectomy residuals, and left knee instability was denied. The effective date for the grant of service connection is set at June 14, 2014.