Knee decisions — 2013

The Board denied service connection for the Veteran's claimed back and right knee injuries, finding that there was no evidence of hospital treatment or observation prior to January 2, 2007. The effective date for the temporary total disability rating under 38 C.F.R. § 4.29 based on PTSD is fixed at January 2, 2007.

The Veteran's left elbow disability is not related to his service-connected left knee disability. The Board denied the claim for service connection.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at his local VA office.

For the period dated from September 20, 2007, to June 6, 2010, the Veteran's left knee degenerative joint disease was consistently manifested by subjective complaints of pain, swelling, crepitus, and mild tenderness to palpation. The disability also included limitation of motion with normal extension to zero degrees and limited flexion up to no less than 120 degrees, including with pain and after repetition. Instability was noted as occasional episodes of giving way and locking were reported, but objective evidence showed the Veteran had worn a brace since 2008.

The Board has determined that the Veteran does not have a current diagnosis of hypertension, bilateral ankle disability, bilateral foot disability, cervical spine disability or bilateral knee disability. Therefore, service connection for these conditions is denied.

The Board finds that the Veteran's currently diagnosed bilateral knee and low back disorders are etiologically related to service, thus granting service connection for these conditions.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development due to the need for medical opinions on the nature and likely etiology of the Veteran's muscle and joint pain, including whether these conditions are related to his active service.

The Veteran's appeal is being remanded for further development, including a VA examination to reassess the severity of his service-connected right knee disabilities.

The Veteran's claims for service connection for low back and left knee disabilities are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a left knee disorder. The case is being remanded for further development, including obtaining VA medical records and scheduling a VA examination.

The Veteran's appeal is being remanded for a Board video conference hearing at the VARO in Togus, Maine. The issues of entitlement to service connection for PTSD, right knee disorder, sleep disorder, and chloracne are pending.

The Veteran's claim for service connection for PTSD has been granted. The Board finds that the Veteran currently meets the criteria for a diagnosis of PTSD related to his military service, and thus service connection is granted.

The Board has remanded the case to the RO for further development on the underlying issues of service connection for various foot, back, leg, and knee disorders.

The Board has decided to separate the issues of service connection for a neck disability and headaches, as the Veteran's statements indicate that his headaches are in fact separate and distinct disabilities. The case is being remanded for additional development including obtaining medical records, scheduling VA examinations, and providing an addendum opinion regarding the nature and etiology of any currently present right knee and neck disabilities.

The Board found no evidence of a service connection for the Veteran's bilateral knee disabilities or plantar fasciitis. The Veteran was granted service connection for her left foot plantar fasciitis, but denied for her knees.

The Board found that there is no competent, credible and probative evidence indicating the Veteran has current left knee, ankle, or foot disabilities related to service.

The Veteran's left knee disability, post-PCL surgery, results in pain but no instability or limitation of motion. The RO assigned a 10% rating based on the service-connected condition.

The Veteran's right knee arthritis is rated at 20 percent since April 28, 2010 and at 30 percent since September 1, 2011. The left knee arthritis is rated at 10 percent. Service connection for a left ankle disability (secondary to knee disabilities) and a right elbow disability (secondary to knee disabilities) are granted. Service connection for PTSD and an acquired psychiatric disability other than PTSD is denied.

The Board has remanded the Veteran's claims of service connection for left and right knee disorders due to additional development being required, including obtaining VA treatment records and National Guard service dates.