Knee decisions — 2013

The Veteran's claims for service connection for bilateral knee, hip, and foot disorders were denied as her claimed conditions are not shown to be causally or etiologically related to any disease, injury, or incident in service.

The Veteran's initial claim for a left knee disability was granted with an initial rating of 10 percent, effective June 13, 2001. The RO increased the rating to 30 percent in January 2005 based on a VA examination report dated that month. However, the Board denied his request for an earlier effective date for the 30 percent rating.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and conducting a VA examination to assess the severity of her left knee disability.

The Veteran's claims for an initial compensable evaluation for bilateral hearing loss, service connection for a right knee disorder, and service connection for a left knee disorder were denied. The Board found that the evidence did not support a finding of a compensable evaluation for his bilateral hearing loss or service connection for his knee disorders.

The Board denied the Veteran's claims for service connection for PTSD and other psychiatric disabilities, an increased rating for asbestosis, and a TDIU. The left knee disability was rated at 10 percent due to slight instability.

The Board denied the Veteran's claim for service connection for a bilateral knee disability, finding no evidence of an in-service injury or disease that could be linked to his current condition. The Board also found no evidence of arthritis within one year post-service and concluded there was insufficient continuity of symptoms to establish service connection.

The Veteran's service-connected disabilities, including lumbar spine disability, cervical spine disability, right knee disability, and left knee disability, combine to form a 60 percent disability rating. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the Veteran's claims of entitlement to service connection for left and right knee disabilities due to a lack of a VA examination, which is necessary to determine if his current knee conditions are related to his military service.

The Board found that the Veteran's current right knee disability, including rheumatoid arthritis and osteoarthritis, is not related to his military service. The preponderance of evidence supports a finding that the disability was not incurred or aggravated by service.

The Veteran is granted a 10 percent rating for left knee patellofemoral syndrome and laxity, effective August 4, 2010. The Veteran's right eye optic neuropathy remains at 10 percent since November 7, 2011.

The Veteran has additional disability consisting of peripheral neuropathy below the left knee, which was caused by a VA surgical treatment on September 14, 2005. The Board finds that this event was not reasonably foreseeable and grants compensation under 38 U.S.C. § 1151.

The Veteran's claims for bilateral knee disorders and hepatitis C are being remanded due to the need for further medical development, including obtaining an opinion on whether his knee disorders are secondary to service-connected pes planus and considering potential exposure to risk factors for hepatitis C.

The Board has determined that the Veteran's right leg shrapnel wound residuals do not meet the criteria for a disability rating higher than 10 percent from December 28, 2004.

The Veteran's low back disorder is not service-connected and there is no evidence of arthritis or other chronic disease in the initial post-service year. The current degenerative joint and disc disease is not related to the service-connected pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus.,The Veteran does not have a currently diagnosed bilateral knee disorder that is attributable to or related to service or etiologically related to the service-connected pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus. The Veteran also does not have bilateral hearing loss within VA's definition.,The Veteran's refractive error of the eye was not subject to inservice superimposed disease or injury.

The Board has granted a rating of 30 percent for the Veteran's right knee disability, effective from May 1, 2011. The decision also addressed service connection for bilateral shoulder disorder but did not reach a conclusion on this issue.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining updated treatment records. The issues of entitlement to an increased evaluation for PTSD and TDIU are also inextricably intertwined.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA records. A VA examination will be scheduled to assess the severity of his service-connected left knee disability. The TDIU issue must also be addressed.

The Veteran's right knee disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on current evidence of record.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and missing VA treatment records.

The Board has determined that the Veteran does not have arthritis of the neck, ankles, or knees that is related to his military service. The claims for these conditions are denied.