Knee decisions — 2013

The Board has reopened the service connection claims for TMJ and left knee degenerative joint disease, but denied the remaining claims. The Veteran's prostate cancer claim is not supported by evidence of current disability.

The Veteran's appeal is being remanded for additional development to obtain private medical records and an updated VA examination regarding his employability.

The Board granted an earlier effective date of July 10, 2000 for the award of service connection for residuals of a right knee injury based on new evidence provided by Dr. R.M.F.

The Veteran's appeal is being remanded for further development, including determining the appropriate diagnostic codes for his fibromyalgia manifestations and considering if combining separate ratings would provide a higher evaluation than the current 40 percent rating.

The Board has found that the Veteran's degenerative changes of the thoracolumbar spine were incurred in service and granted service connection for this condition. The issues regarding secondary service connection for right and left knee disabilities are addressed in the REMAND portion.

The Board denied the Veteran's claim for an earlier effective date for a 100% rating for hypothyroidism and found that there was no clear and unmistakable error in the January 1999 rating decision denying service connection for obesity as secondary to hyperthyroidism.

The Board has determined that the Veteran's preexisting bilateral pes planus did not increase in severity during service, and therefore, he is not entitled to service connection for this condition. The Board also found no evidence of aggravation of his left ankle, right ankle, left knee, or right knee disabilities during service.

The Veteran's major depressive disorder has been linked to his military service, and the Board grants service connection for this condition. The right ankle and right knee disorders are being remanded for further development.

The Veteran's right knee disability is currently rated at 10 percent disabling, and the Board has determined that this rating is not sufficient to compensate for her symptoms. The evidence does not support a higher rating.

The Veteran's service-connected left shoulder and knee disabilities have not been shown to warrant a higher disability rating based on the current evidence of record.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. The case will be reviewed to determine if service connection can be granted for his right knee disorder and lumbar spine disorder.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, reduction of evaluations for right knee sprain, left knee sprain, and left ankle sprain have been denied. The evidence does not meet the criteria to reopen the claim for service connection for bilateral hearing loss, and the reductions in evaluation were found to be improper.

The Veteran's claims for service connection for bilateral shrapnel wounds (unspecified), bilateral leg disability with osteoarthritis, left knee replacement, and prostatitis have all been denied as there is no evidence of a current disability related to active military service.,Service treatment records are negative for any diagnoses or complaints regarding these conditions. The Veteran's disabilities were first demonstrated many years after separation from service.

The Board has granted service connection for coronary artery disease, peripheral vascular disease, and below the knee amputation of the right lower extremity. The effective dates are set based on the date of service connection.

The Board has reopened the Veteran's claims for service connection for a left shoulder disorder, lumbosacral spine strain, and right knee disorders. However, these claims are still in dispute as new evidence submitted by the Veteran does not conclusively establish that his current conditions were incurred or aggravated during service.

The Veteran's left knee chondromalacia has resulted in painful motion with functional loss equal to flexion of the left knee to no worse than 100 degrees and extension to no worse than zero degrees, without instability or subluxation. The current rating of 10 percent is appropriate based on limitation of flexion.

The Board has determined that the Veteran's left knee disability was not incurred in service and denied his claim.

The Veteran is seeking service connection for right hip and right knee disabilities that are secondary to his service-connected subtalar arthrodesis of the right foot. The Board has determined that further development, including a VA examination, is necessary before this claim can be decided.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the relationship between his claimed right knee and back disorders and service or any service-connected disabilities.