Knee decisions — 2013

The Board has granted service connection for a cervical spine disability but the status of service connection for bilateral knee disability is unknown due to insufficient evidence.

The Veteran's left knee disability was not incurred in or aggravated by service, but he developed hypertension during active duty. Service connection for osteoarthritis of the left knee and an effective date prior to May 30, 2003, for hypertension have been granted.

The Board has determined that the Veteran does not have a current disability of either knee or left shin skin, and there is no evidence linking these conditions to service. Therefore, the claims for service connection are denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and an examination to determine the nature and etiology of his right knee disorder. The RO/AMC will also schedule a VA employability examination to assess whether he is unemployable due to his service-connected disabilities.

The Veteran's service-connected disabilities do not cause functional limitations that prevent him from overcoming his employment handicap, and thus he is not entitled to vocational rehabilitation training under Chapter 31 of Title 38 of the United States Code.

The Board denied service connection for bilateral ankle and knee disorders on a direct basis, as well as for bilateral leg disorder secondary to the service-connected lumbar spine disability.,There is no evidence of chronic bilateral ankle or knee arthritic disorders during service or within one year after separation from service.

The Board has determined that the Veteran's left knee disorder is causally related to his service, and grants service connection for this condition.

The Veteran's service-connected disabilities, including right talus fracture, right knee arthritis, and other conditions, render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeals for increased ratings for total left and right knee replacements have been denied as the evidence does not show that his disabilities warrant a higher rating.

The Board denied the Veteran's claims for service connection of low back, left hip, and right knee disorders as secondary to his service-connected left knee disability. The VA examinations did not provide a clear opinion on the etiology of these conditions.

The Board denied the Veteran's claims for service connection for various disabilities, finding that none were incurred or caused by his active duty service.

The Veteran's claims of increased ratings and service connection for various conditions were denied due to failure to report for scheduled VA examinations. The Board found that the current evidence was insufficient to substantiate these claims.

The Veteran's right knee arthritis was evaluated at 10 percent prior to January 24, 2013 and at 20 percent from that date. The Board found the condition did not meet criteria for a higher evaluation in either period.

The Veteran's service-connected knee disabilities, heel condition, and ORIF have been granted effective May 23, 2002. The initial ratings for each condition are now in line with the current disability levels.,Effective May 23, 2002, the Veteran is entitled to a 10 percent rating for impairment of both knees (subluxation), limitation of flexion of both knees, and right heel plantar fasciitis with Achilles bursitis. The Veteran's ORIF condition also received an initial compensable rating.,The effective date for these ratings has been set at May 23, 2002, the date on which VA determined that the conditions were service-connected.

The Board has granted the Veteran's claim of entitlement to service connection for right elbow epicondylitis. The VA examiner found that the current right elbow disability is at least as likely as not incurred in or caused by a fall during active duty.

The Veteran's current bilateral knee disability, diagnosed as degenerative joint disease of the knees, is found to be at least as likely as not caused by his military service. Service connection for this condition is granted.

The Veteran's claims for increased ratings and service connection were denied. The Board also dismissed the appeal as to his claims for increased initial ratings for migraine headaches and degenerative changes to the right shoulder.

The Board found that the Veteran's claimed disabilities, including his right knee and ankle disabilities, respiratory disability, tinnitus, and anxiety disorder, were not incurred or aggravated by service. The evidence did not show continuity of symptomatology for any of these conditions since service.

The Veteran's claim for service connection for a bilateral knee disability is being remanded due to the need for a new VA examination.

The Veteran's combined rating for his service-connected disabilities is 60 percent, which meets the minimum percentage rating required for consideration of assignment of TDIU. However, he does not meet the criteria for a TDIU as his service-connected disabilities do not render him unemployable.