Knee decisions — 2014

The Veteran's service-connected disabilities are sufficient by themselves to render him unable to secure or follow any form of substantially gainful employment consistent with his education and occupational background, leading to a grant of TDIU.

The Board has granted service connection for headaches, respiratory disability, skin disability, and neck disability based on the Veteran's Persian Gulf War service. The right ear pain claim was not reopened due to lack of new and material evidence.

The Veteran's left knee disability was productive of painful motion, with flexion limited to 60 degrees at worst and extension limited to 5 degrees at worst; recurrent subluxation or lateral instability which was no more than mild in degree. The Board found a combined rating of 40 percent (based on a formulation of 10 percent for left knee injury with traumatic arthritis under Codes 5010-5260, and 10 percent for status post ACL reconstruction of the left knee under Code 5257) was warranted prior to July 10, 2012.

The Veteran's service-connected disabilities do not render him unemployable, as he has been able to secure and follow substantially gainful employment despite his psychiatric disability.

The Board has determined that the Veteran's left knee disability is not related to his military service and therefore denied his claim for service connection.

The Board has granted service connection for bilateral knee and right ankle disorders, finding that current disabilities are of service onset or attributable to military service. The remaining issues remain on appeal.

The Board has decided that additional development is needed, including verification of service dates and obtaining a medical opinion from the appellant's VA physician. The claims will be returned to the RO for further action.

The Board has remanded the case for a VA examination to determine if any current right knee and/or foot disabilities are caused by or aggravated by service-connected left knee and back disabilities, and whether bilateral flat foot underwent worsening during active service.

The Veteran's claims for service connection for low back and left knee disabilities have been reopened, and tinnitus has been granted.,Service connection is not established for the Veteran's low back or left knee disabilities as they are not related to active duty service.

The Veteran's claim for a temporary total rating due to convalescence for left knee surgery is denied as service connection was not in effect at the time of the surgery and subsequent convalescence.

The Veteran's appeals for hypertension, right knee disability, and PTSD have been dismissed due to the Veteran withdrawing his appeal.

The Veteran's claims for bilateral hip and knee disabilities are being remanded due to the need for a secondary service connection examination. The examiner will determine if these disabilities are at least as likely as not caused or aggravated by his service-connected shell fragment wound residuals.

The Board has remanded the case for further development and adjudication due to inextricably intertwined issues, including a claim of clear and unmistakable error (CUE) regarding service connection for migratory polyarthritis or Reiter's syndrome.

The Board has determined that the Veteran's hip and knee disabilities are not service-connected as they do not meet the criteria for service connection.

The Veteran's service-connected left knee disability requires an annual clothing allowance due to the use of a prosthetic appliance that causes wear and tear on his clothing.

The Veteran's appeal is being remanded for additional development to address whether his bilateral knee degenerative joint disease was aggravated by his service-connected patellar instability.

The Board has granted service connection for cervical spine disorder, thoracic and lumbar spine disorders, and left knee osteoarthritis, status post left knee replacement. The Veteran's claims are now ready for further action.

The Veteran's claims for service connection for left and right knee conditions are being remanded due to the need to obtain private medical records from Dr. B.H. and worker's compensation records.

The Board has determined that the Veteran's right and left knee disabilities did not have their onset during active service, were not related to any disease or injury in service, and are not otherwise connected to service. As a result, the claims for service connection for bilateral knee disabilities are denied.

The Board has granted service connection for chondromalacia/PFS of the left knee, but denied service connection for degenerative joint disease (DJD) of the left knee. The Veteran's DJD was not incurred or aggravated in service and may not be presumed to have been incurred or aggravated in service.