Knee decisions — 2012

The Board has granted service connection for sleep apnea and fatigue. The issues of service connection for diabetes mellitus, hiccups and muscular twitching of the eyes, and multiple joint pain affecting the hands, wrists, fingers, knees, and ankles (including bilateral carpal tunnel syndrome) are remanded.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or being housebound is remanded due to insufficient VA examination reports considering all of his service-connected disabilities.

The Board found that the Veteran's bilateral knee disability and hypertension were not incurred in or aggravated by active service.

The Board has determined that there is no evidence to support the claim of service connection for degenerative joint disease of the left knee on the basis of aggravation during active duty.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's chronic low back disability was not incurred in service and is not secondary to his service-connected left knee internal derangement with traumatic DJD. The claim for a left foot disability was denied as well.

The Veteran's claim for an increased evaluation for his service-connected right knee disability was granted, with a rating of 20 percent effective September 28, 2010. The Veteran previously had a separate 10 percent evaluation for arthritis based on noncompensable limitation of flexion.

The Veteran's joint pain, chronic fatigue, and headaches are found to be related to his service-connected PTSD with depressive disorder and psychotic features.

The Board has remanded the case to the RO for additional development, including scheduling a VA examination and adjudicating the claims of service connection for low back pain and bilateral knee disability.

The Veteran is not unemployable due to his service-connected disabilities for the periods from September 8, 2003 through May 31, 2006, and from March 1, 2009 through July 31, 2009.

The Veteran's appeal has been dismissed as he withdrew his appeal in a written communication received by the Board in July 2012.

The Veteran's right and left knee strains were not found to meet the criteria for a compensable evaluation prior to June 29, 2011.,Effective from June 29, 2011, the Veteran was granted evaluations of 10 percent each for his right and left knee strains.

The Board found that the Veteran's right knee disability does not meet or approximate the criteria for a compensable rating under any applicable diagnostic code. The Veteran's symptoms, while reported, do not warrant an increased evaluation.

The Board has determined that new and material evidence has been presented to reopen the service connection claims for bilateral hearing loss, headaches, lipomas, right hip disorder, bilateral knee disorders, and right hand/wrist disorder. These claims are now considered on their merits.

The Veteran's appeal has been dismissed as the appellant requested withdrawal of all remaining issues on appeal.

The Veteran's chronic pain disorder is not shown to be attributable to any condition related to service that is separate and distinct from conditions already service-connected or for which a separate claim has been denied. The Board finds no current evidence of a distinct underlying disability (other than pain alone) for which service connection may be granted.

The Veteran's appeal is being remanded for additional development, including notification of the evidence needed to establish secondary service connection and a VA examination to determine the etiology of any left knee disorder.

The Board has remanded the claims for additional development due to inadequate examination reports from March 1998.

The Board has determined that the Veteran's current bilateral shoulder, hip and knee disabilities are etiologically related to his active service.

The Veteran's left knee ACL deficiency and associated medial meniscus tear have been found to be manifested by a rupture and tear, respectively. The claim for an initial compensable evaluation has been denied.