Knee decisions — 2013

The Board found that the Veteran's current varus osteoarthritis of the right knee is related to his active service, resolving reasonable doubt in favor of the Veteran.

The Board has remanded the claims for additional development due to inadequate medical opinions and need for further examination.

The Veteran's claims for service connection for thoracolumbar spine, cervical spine, and left knee disabilities are being remanded due to the need for additional medical examination and opinion.

The Veteran's claims for increased ratings and service connection were denied as his conditions are not found to be related to his service-connected gunshot wound residuals.

The Veteran's right knee disability is not service connected as there is no evidence of a chronic condition in service and the current diagnosis is less likely due to service.

The Veteran's cervical paraspinous and trapezious muscle myofascial pain is granted compensation under 1151, but his left shoulder acromioclavicular arthritis, left knee degenerative arthritis, and left testicle and leg disability (ilioinguinal nerve neuritis) are not related to the horseshoeing accident.

The Veteran's claims for service connection for various disabilities were denied as there is no evidence of current diagnoses or a nexus to his military service.

The Veteran's right knee disability was initially rated as 10 percent for DJD and separately as 20 percent for post-operative symptoms related to a torn medial meniscus and ACL tear. The current appeal is about maintaining these ratings.

The Board denied the Veteran's claims for service connection for various conditions, including hypertension, lumbar spine disorder, right and left knee disorders, cervical spine disorder, post-phlebitic syndrome (right and left lower extremities), skin disorder, and sleep apnea, all presumed to be due to Agent Orange exposure. The decision did not assign a rating or provide an effective date.

The Veteran's service-connected disabilities, other than PTSD, do not render him unable to secure or follow substantially gainful employment.

The Board has determined that a rating in excess of 10 percent for right knee patellofemoral syndrome and osteoarthritis with limitation of extension is not warranted, but has granted a separate 20 percent rating for residuals of arthroscopic partial meniscectomies and chondroplasties with locking and effusion.

The Board found no evidence of arthritis of the right knee in service or within one year post-service, and concluded that it is less likely than not related to service.

The Board finds that the Veteran's current right shoulder disorder is not related to his period of service and therefore denied his claim for service connection.

The Veteran's appeal was denied in part, including his request to reopen a claim for service connection for traumatic cataract of the right eye. The remaining issues were also denied.

The Board has remanded the case due to incomplete records and need for additional examinations. The Veteran's service connection claims will be reconsidered based on the new evidence.

The Veteran's claim for service connection for a bilateral knee disorder, claimed as patellofemoral syndrome (PFS), is being remanded due to the need for additional development including an examination and review of his medical records.

The Board found that the Veteran's right above-the-knee amputation was not proximately due to VA fault during treatment from March 2007 to April 2008, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for right knee degenerative arthritis as secondary to the Veteran's service-connected left knee disability. The issue of entitlement to an increased rating for the left knee disability and a TDIU is remanded due to new evidence indicating possible worsening of symptoms.

The Veteran's claim for a higher initial disability evaluation for the service-connected adjustment disorder with depressed mood was granted, and he is now rated at 50 percent from August 25, 2010. Other claims were either denied or are pending.

The Board has reopened the claim of entitlement to service connection for bilateral knee disability and determined that new evidence received since the final July 2008 rating decision relates to an unestablished fact necessary to grant, raising a reasonable possibility of substantiating the Veteran's claim. The current knee disability is not related to active duty training.