Knee decisions — 2013

The Veteran withdrew his appeal for service connection of an iliotibial band in the right knee, effectively dismissing the claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient treatment records and National Guard service records. The Board will also request a new opinion on the etiology of his bilateral knee conditions and tinnitus.

The Board found no evidence of in-service injury or disease related to the Veteran's current right and left knee disabilities, and concluded that these conditions are not service-connected.

The Board has determined that the Veteran's claims for increased ratings for his right knee and left foot disabilities have been denied. The initial rating assigned for gouty arthritis of the right knee is not in excess of 10 percent, and the claim for residuals of left foot injury remains at a noncompensable level.

The Veteran's service-connected disabilities, including PTSD and coronary artery disease, rendered him unable to secure or follow a substantially gainful occupation prior to November 28, 2011. His TDIU claim was granted effective from that date.

The Board denied the Veteran's claims for service connection for right knee disability, back disability, hypertension, and diabetes mellitus, type 2. The Board found that there was no evidence of chronic conditions in service or within one year after separation from service, and that the Veteran did not have continuous symptoms since separation. Service connection could not be established on a direct basis due to lack of medical nexus between current disabilities and service. The Veteran's claim for diabetes mellitus, type 2, was denied as there is no evidence of herbicide exposure in Japan.

The Veteran's service-connected right knee arthritis is currently rated at 10 percent, and the Board finds that an initial evaluation in excess of this rating is not warranted.

The Veteran's appeal is being remanded to obtain new VA examinations for his PTSD and right knee disability, as well as to obtain any recent treatment records. The claim will be readjudicated after these actions.

The Veteran's appeal involves multiple service-connected musculoskeletal disabilities, including left knee arthritis, right knee arthritis, degenerative arthritis of the cervical spine, left ankle degenerative arthritis, right shoulder arthritis, and impingement syndrome of the left shoulder. The issues on appeal are for initial ratings in excess of 10 percent for these conditions.

The Veteran withdrew his appeals for ratings in excess of 10 percent for left and right knee disabilities prior to the Board's decision.

PTSD has been rated at 70 percent from June 8, 2007 to March 22, 2012.,PTSD is now rated at 100 percent since March 22, 2012.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA treatment records. He will also undergo VA examinations to evaluate his left knee and left middle finger disabilities.

The Veteran's increased rating claims for left knee DJD and instability were denied, while the service connection claim was granted. The reduction in the rating for instability from 10 percent to no percent is considered void by law.

The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, with one disability rated at more than 40 percent and combined rating of over 70 percent. The evidence is in equipoise regarding whether he is unemployable by reason of these disabilities alone.

The Board has determined that a remand is necessary to obtain updated VA treatment records and to schedule the Veteran for a new VA examination to assess the current severity of his right knee disability.

The Board has remanded the case for further development due to the need for additional VA examinations and a clarification of the Veteran's current address.

The Veteran's claims for service connection and increased ratings are being remanded to obtain additional medical evidence, including VA treatment records. The right knee disability claim will also be considered under the presumptive provisions of 38 C.F.R. § 3.317 due to Southwest Asia Service and Kuwait Liberation Medals.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a supplemental opinion regarding the impact of his service-connected right knee disabilities on his employability.

The Veteran's appeal is remanded due to the need for a new examination of his left knee disability and additional records from VA and SSA.

The Board denied service connection for bilateral knee arthritis and found that the Veteran's current knee disabilities are not related to his service-connected malaria. The appeal for an increased rating for malaria was also denied.