Knee decisions — 2013

The Board has remanded the Veteran's claims for service connection due to an inadequate factual basis in a previous examination and because the RO failed to obtain his report of medical history at separation. The case is now pending further development.

The Veteran's claim for an increased evaluation of his right knee disability and TDIU was denied. The Board found that the evidence did not support a rating in excess of 20 percent for the service-connected right knee meniscal tear with DJD as of March 1, 2009.

The Board has determined that the Veteran's claimed bilateral knee disabilities are not related to service and have denied both claims.

The Board has determined that the Veteran's knee disabilities are not service-connected as they are not shown to be causally related to his military service.

The Board finds that the Veteran's left knee disorder is not shown to be causally or etiologically related to his military service, and arthritis did not manifest within one year of his discharge from service. Therefore, service connection for a left knee disorder cannot be granted.

The Board has determined that the Veteran's bilateral knee disability and hearing loss are service-connected, with no disputes regarding these conditions.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining his personnel file and VA treatment records.

The Veteran's service connection claims for left hip and knee disorders, as well as his claim for a higher rating for his left femur fracture with three-quarter inch shortening, were denied. The evidence did not establish the presence of these conditions or show that they are related to service.

The Veteran's right knee disability is being remanded for further examination and opinion as to whether it was caused by his service-connected carpal tunnel syndrome and right shoulder disability. The claim will be reconsidered after the additional development.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for arthritis of the left knee. The Board also found that it is at least as likely as not that his currently diagnosed disease had its onset in service or, in the alternative, was etiologically related to his service-connected right knee disability.

The Board has determined that the Veteran does not have a current right elbow disorder, including ulnar neuropathy, and therefore service connection for this condition is denied. The initial rating of 10% for left knee strain remains in effect.

The Board has determined that the Veteran's right knee osteoarthritis is at least as likely as not aggravated by his service-connected left knee disability, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining a new VA examination and current medical records.

The Board found that the Veteran's low back, right knee, and left knee disorders are not related to his military service.

The Veteran meets the schedular criteria for a TDIU and his service-connected disabilities preclude him from securing or following a substantially gainful occupation.

The Veteran's right knee disability is currently rated at 30 percent, which includes internal derangement and instability with traumatic arthritis. The left wrist disability remains at a 10 percent rating.

The Veteran's claim for a higher rating for his left knee disability has been granted, with the effective date being March 22, 2013.

The Veteran's chronic disease affecting the bilateral knees, hips, elbows, and ankles is attributable to a known clinical diagnosis of degenerative arthritis that was not incurred in or permanently aggravated by service nor proximately due to a service-connected disability.

The Board has determined that additional development is needed to determine the nature and etiology of any left shoulder disorder, right shoulder disorder, lumbosacral spine disorder, left ankle disorder, right ankle disorder, and right knee disorder. The case will be remanded for these purposes.

The Veteran's appeal is being remanded to obtain additional VA and private treatment records, as well as a VA examination for his right knee disability. The issues of entitlement to an increased rating for PTSD and service connection for a right knee disability are pending.