Knee decisions — 2013

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a right knee disability. The medical opinion from Dr. W supports the Veteran's contention that his current right knee condition is due to overuse syndrome resulting from favoring his service-connected left knee.

The Veteran's service-connected disabilities, including anxiety disorder, sinusitis, retropatellar pain syndrome of the right knee, tinnitus, and limitation of extension of the right knee, have rendered him unemployable. The Board finds that his TDIU is granted.

The Veteran's right knee disability, characterized as chondromalacia with degenerative joint disease, has not resulted in ankylosis or subluxation and does not meet the criteria for a higher rating.,Similarly, the left knee strain with degenerative joint disease has not met the criteria for a higher rating due to lack of ankylosis or subluxation. The Veteran's right foot disability, characterized as a right foot strain with degenerative changes, also did not meet the criteria for a higher rating.

The Board found that the Veteran's current left knee disability, including degenerative joint disease and patellofemoral syndrome, is not related to his military service. The most probative evidence does not support a finding of a nexus between an in-service injury and the current condition.

The Board has remanded the Veteran's claims due to the need for additional development, including scheduling a VA examination and obtaining outstanding medical records.

The Board has remanded the case due to incomplete development and requests a new opinion from an orthopedic physician regarding the etiology of the Veteran's bilateral knee and shoulder disabilities.

The Veteran's left knee disorder has been objectively shown to be manifested by no more than chronic pain; a functional limitation of motion of 0 to 80 degrees with pain; mild medial-lateral joint instability; and no evidence of recurrent subluxation. The criteria for an evaluation in excess of 10 percent have not been met.

The Board has determined that the Veteran's degenerative joint disease of the left knee and hip are proximately due to his service-connected right knee replacement, granting service connection for these conditions.

The Board found that the Veteran's current left knee disorder is not related to service and denied his claim.

The Board has determined that the Veteran's right knee disorder did not have its onset in service, is not related to a service-connected disability, and arthritis of the right knee may not be presumed to have been incurred in or aggravated by active service. As such, the claim for service connection for a right knee disorder is denied.

The Veteran's left knee disability is rated at 10 percent, the minimum rating available under VA regulations. The evidence does not support a higher rating.

The Veteran's right knee patellofemoral pain syndrome was rated at 10 percent since April 9, 2009.

The Veteran's appeal is being remanded for further development and consideration of his claim for TDIU due to service-connected disabilities.

The Veteran has withdrawn his appeals regarding diabetes mellitus, Type II and right knee disability.

The Veteran's appeal has been withdrawn, and his claim for service connection for an acquired psychiatric disorder, to include PTSD, is denied as there is no evidence of a stressor related to combat. The claims for other conditions are also denied.

The Board has reopened the Veteran's claims for service connection for various conditions, but denied them on the merits due to lack of a nexus between these conditions and his military service.

The Veteran's claims for increased ratings for his service-connected lumbar spine and right knee disabilities are being remanded to allow for additional examinations and consideration of the evidence.

The Veteran's claim for TDIU prior to August 9, 1996 was denied as there is no competent evidence that he was unemployable due to his service-connected bilateral knee disability.

The Board found that the Veteran's current left knee disability is not related to his service, and thus denied his claim for service connection.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that there was no evidence linking the Veteran's death to his service-connected disabilities or medication.