Knee decisions — 2012

The Board has determined that the Veteran's right knee degenerative joint disease is related to his service, but his left knee patellofemoral syndrome is not. Therefore, he is granted service connection for his right knee disability and denied for his left knee.

The Veteran's appeal is being remanded for a travel board hearing before a Veterans Law Judge at the Muskogee RO.

The Board has remanded the case for further development, including obtaining additional medical records and verifying the Veteran's reported stressors. The Veteran is also scheduled for VA examinations to determine the nature, extent, and etiology of his claimed left knee disability and psychiatric disorder.

The Veteran withdrew his appeal regarding the claims of service connection for arthritis of the thumbs, a bilateral knee disorder, and a back disorder; as well as entitlement to a compensable rating for bilateral hearing loss.

The Veteran's claim for a total rating based on unemployability due to service-connected disabilities is being remanded for additional development, including obtaining information from his most recent employer and scheduling VA examinations.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only was denied as the medical evidence did not demonstrate any physical loss or impairment of his extremities that would warrant such benefits.

The Veteran withdrew the appeal for the claim of entitlement to service connection for flat feet during his hearing. The remaining claims are remanded for further development.

The Board found that the Veteran's left knee disability did not have its onset in service and is not related to his military service. The claim for service connection was denied.

The Veteran's right knee disorder did not meet the criteria for a higher rating prior to March 13, 2009 or from May 1, 2009. The VA determined that his symptoms were adequately compensated by the current 10 percent ratings.

The Veteran's service-connected disabilities are deemed to prevent him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.

The Veteran's service-connected left knee laxity has been evaluated at 10 percent, and the Board finds that this evaluation is appropriate given the current mild instability.

The Veteran's erectile dysfunction is service-connected, but the Board finds that his unexplained joint pains are at least in equipoise with service connection. The case will be remanded for further development.

The Veteran's appeal is being remanded to obtain additional information and evidence, including service personnel records and VA clinical records. The Veteran will also be scheduled for examinations to assess the severity of his left knee disability and any aggravation of other disabilities by his service-connected condition.

The Board has determined that the Veteran does not have a current left knee disability and therefore, service connection for this condition is denied.

The Board denied the Veteran's claims for service connection for various conditions, including a right knee disability, respiratory disorder (COPD), small bowel resection residuals, and hearing loss. The Board found no evidence of current disabilities related to these issues that were incurred in or aggravated by service.

The RO found clear and unmistakable error in the August 2007 rating decision that awarded a 20% disability rating for residuals of a meniscectomy of the left knee, and restored the original 10% rating effective January 1, 2009.

The Board has determined that new and material evidence sufficient to reopen the previously denied claim for service connection for a bilateral knee disability has been received. The Veteran's appeal is granted in this regard, but his de novo claim for service connection will be addressed in the REMAND portion of the decision.

The Veteran's bilateral knee disability is found to be related to service. The issue of residuals of a cranial injury and acquired psychiatric disability will require further examination and opinion.

The Veteran's right knee disability, including patellofemoral symptoms and incisional pain following a revision total knee arthroplasty (TKA), is not considered to be due to VA medical treatment or lack thereof. The Board finds no evidence of negligence, error in judgment or lack of skill in the treatment provided by VA.

The Veteran's service-connected right knee disability, including severe degenerative changes in the right knee, was manifested primarily by crepitus and pain throughout his range of right knee motion from zero degrees of extension to 100 degrees of flexion. The preponderance of the evidence is against a finding that the Veteran's right knee pain is productive of additional right knee pathology.