Knee decisions — 2013

The Board has found that the Veteran's left knee osteoarthritis is related to his military service and grants service connection for this disability.

The Board finds that service connection is granted for Crohn's disease, bilateral knee disabilities, and low back disability. The effective date of the grant will be determined based on the evidence provided.

The Board finds that the Veteran's left knee disability to include septic arthritis, osteomyelitis, and osteopenia is not caused by VA carelessness or negligence. The infection was a known complication of the surgery in February 2008 and was reasonably foreseeable.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining Social Security Administration records and VA treatment records from the Boston VA Medical Center.

The Board has determined that additional development is needed to verify the Veteran's service dates and obtain all relevant medical records. The Veteran's claims for service connection will be remanded for further action.

The Board finds that the Veteran is entitled to service connection for left knee patellofemoral syndrome, but not for bilateral shin splints.

The Board found no evidence of more than slight instability in the Veteran's knees, resulting in a denial for higher initial ratings. The asthma was rated appropriately at 30 percent.

The Veteran's service-connected left knee osteoarthritis and instability are both granted, with the osteoarthritis receiving a 10% evaluation. The instability is separately evaluated at 10%. The case remains pending for further development.

The Board found that the Veteran does not have current disabilities of the left ankle, right knee, or left knee. The Board also found that any such disabilities are not related to active service.

The Veteran's service-connected disabilities have not prevented him from securing and following substantially gainful employment prior to April 27, 2011.

The Veteran's service-connected herniated nucleus pulposus and anterior cruciate ligament tear of the right knee have been rated appropriately, with a combined rating of 40 percent. The TDIU claim has also been granted.

The Veteran's back disability is rated at 20 percent, effective April 2007.,The Veteran's left knee disability was rated at 10 percent prior to March 24, 2012 and at 40 percent thereafter. His depression rating remains at 10 percent.

The Veteran's appeal is being remanded due to the need for additional examinations and assessments of his current disabilities, including lumbar spine, bilateral shoulder, left ankle, bilateral knee, and sleep apnea.

The Board has remanded the case due to outstanding VA treatment records and further development is needed.

The Veteran's obesity is aggravated by his service-connected left knee disability.,The Veteran's patellar tendonitis of the right knee is proximately due to his service-connected left knee disability.,The Veteran's sleep apnea is proximately due to his obesity.

The Board has determined that there is no credible evidence of a current left knee disability and the Veteran's reports of left knee pain are insufficient to establish the presence of a current left knee disability. The preponderance of the evidence is against the claim for service connection for a left knee disability.

The Veteran's injuries, including fractures of the wrist and forearm, fingers, knees, forehead, and brain impairment, were caused by participating in a VA vocational rehabilitation program. The Board found that commuting home from classes as part of this program was an essential activity.

The Board has remanded the claims due to insufficient VA examinations and further development is needed.

The Veteran's service-connected degenerative changes of the lumbar spine are rated at 40 percent, and he meets the criteria for a TDIU due to his combined disability rating of 70 percent. The Board finds that the Veteran is unemployable due to his service-connected disabilities.

The Veteran's claim for TDIU based on his service-connected disabilities is being remanded due to the need for additional development of evidence, including Social Security Administration records and a VA examination.