Knee decisions — 2014

The Board denied service connection for lower back, right knee, and left knee disabilities due to lack of evidence linking these conditions to the appellant's military service.

The Board found that the Veteran's hip, knee, elbow, and shoulder pain are not due to undiagnosed illness or service-connected conditions. The left and right shoulder pain is attributed to adhesive capsulitis caused by diabetes mellitus.

The Veteran's claims for increased ratings for his left knee disability and instability prior to January 22, 2013 were denied as the evidence did not show that he met the criteria for a higher rating under applicable diagnostic codes.

The Board has remanded the case due to a need for a new VA examination of the Veteran's bilateral knee disability, which is currently diagnosed as degenerative joint disease. The Veteran seeks service connection for this condition.

The Board finds that the Veteran's service-connected disabilities are of sufficient severity to prevent him from obtaining and maintaining substantially gainful employment, warranting a TDIU.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess his back disability and bilateral knee conditions.

The Board has reopened the claim of service connection for a right knee disability and granted it, finding that the Veteran's current right knee disability is caused by his service-connected left knee disability.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new VA examination. The issues of entitlement to higher initial evaluations for left knee degenerative joint disease with limited flexion and left knee laxity are before the Board.

The Veteran's claims for osteochondroma right femur, pulmonary tuberculosis, obstruction of teeth, and chronic colon/irritable bowel problems have been granted. The claims were reopened based on new evidence but the merits of these claims are not addressed as no new facts were provided.

The Board denied the Veteran's claims of service connection for diabetes mellitus, hypertension, arthritis of hands and knees, and low back disorder. The evidence did not establish direct service connection as there was no in-service diagnosis or continuity of symptoms after discharge.

The Veteran's claims for service connection of his left knee disorders were denied as new and material evidence was not received to reopen the claim, and the current conditions are not related to his service-connected right ankle disability.

The Board found that there was no evidence of diabetes mellitus or ischemic heart disease in service, and the Veteran did not meet the criteria for presumptive service connection due to exposure to herbicides. The right knee arthritis is considered secondary to a service-connected left knee disability.

The Veteran's service-connected left knee disability is not productive of limitation of flexion to 30 degrees or extension to 15 degrees, and no other compensable manifestations have been demonstrated. As such, the criteria for a higher rating are not met.

The Board found that the Veteran's bilateral leg disability and back disability were not incurred or aggravated by active service, nor are they related to her service-connected pes planus.

The Board denied increased ratings for patellafemoral syndrome of the right and left knees, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or instability. The Veteran's disabilities were rated as 10 percent each under Diagnostic Code 5260.

The Board found that the Veteran's right knee Osgood-Schlatter disease preexisted service and was not aggravated by service. The current arthritis of the right knee is not related to service.

The Veteran's service-connected post-operative right tibial and fibular fracture residuals and right knee patellar tendonitis have been evaluated as a single disability, with the most recent evaluation of 10 percent granted in December 2004. The Board finds that an increased rating is not warranted.

The Veteran's service-connected disabilities do not meet the threshold combined rating of 70 percent or more necessary to be considered for TDIU on a schedular basis. However, due to his current employment status and the conclusions of the September 2013 VA examination, the case is being remanded for referral to the Director of Compensation and Pension Service for extraschedular consideration.

The Board has remanded the case for further development, including obtaining a new VA examination and opinion on the etiology of the Veteran's bilateral knee disability. The examiner must address the Veteran's lay contentions regarding an in-service knee injury and any positive medical evidence supporting such.

The Board has restored the Veteran's disability rating for his right knee injury from 30 percent to 30 percent, effective August 1, 2009.