Knee decisions — 2014

The Board has determined that the Veteran's post-operative residuals of bilateral total knee replacements are causally related to military service, and thus grants his claim for service connection.

The Board has decided to remand the case due to the need for additional development of records, including from the VA Medical Center in Albany and treatment at the Bainbridge Naval Base and aboard the USS Oriskany. The Veteran's claim for service connection for a right knee disorder will be reconsidered based on this new information.

The Board found no evidence to support the Veteran's claims for service connection of his left knee and right shoulder disabilities, as the competent and credible evidence did not establish a nexus between these conditions and his military service.

The Board has remanded the case for additional development, including obtaining VA and private treatment records related to the Veteran's right knee disability. The issue of service connection for a right knee disability will be reconsidered based on the new evidence.

The Veteran's claims for higher initial ratings for his right knee degenerative joint disease and instability were denied. The VA determined that the evidence did not support a rating in excess of 10 percent prior to June 21, 2011, or more than 20 percent from that date.

The Board has determined that the Veteran's right and left knee disabilities are not service connected, as there is no evidence of a disease or injury incurred in service. The Veteran was exposed to herbicides during his service but does not have a presumptive condition related to such exposure. Additionally, there is insufficient medical evidence linking any current knee disability to active duty.

The Board denied all issues on appeal, including service connection for depression, dental trauma, bilateral foot disability, and back disability. The Veteran's right total knee arthroplasty was rated at 30 percent from July 1, 2009, and the left knee arthritis/patellar tendonitis was rated at 10 percent.

The Board has determined that it is at least as likely as not that the Veteran's bilateral knee disability was made permanently worse by his service-connected residuals of a gunshot wound to the left foot, and thus grants service connection for this condition on a secondary basis.

The Veteran's claim for service connection for a left knee disorder, to include as secondary to his service-connected arthritis of the back, is being remanded due to incomplete development and need for an addendum opinion from the VA examiner.

The Veteran's left knee disorder is found to be aggravated by his service-connected bilateral foot, right ankle, and lumbar spine disabilities. Service connection for this condition is granted.

The Veteran's appeals for service connection were dismissed due to withdrawal. The Board granted the claim of service connection for sleep apnea, finding that current evidence was at least in equipoise with the opinion linking the condition to active service.

The Board has denied the Veteran's claims for increased ratings for left and right leg shin splints, bilateral pes planus, and service connection for bilateral knee disorders. The evidence did not support reopening of the previously denied claim for bilateral knee disorders.

The Veteran's appeal for service connection for a right knee disability was withdrawn. The claim for entitlement to a compensable initial rating for healed stab wound scars of the left buttock is denied as there are no deep or nonlinear scars exceeding six square inches in size, and the scars do not involve an area of 144 square inches or greater.

The Veteran's right knee disability is currently rated as 30 percent disabling for the period prior to December 12, 2013. Effective from that date, a separate 10 percent rating has been assigned for instability of the right knee.

The Veteran's left total knee replacement residuals are manifested by severe chronic pain, limitation of motion, and weakness. The Board finds the Veteran's post-operative left knee disability most closely approximates the criteria for a 60 percent evaluation under the provisions of Diagnostic Code 5055.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's service connection claims for right knee disability and low back disability are pending.

The Veteran's service connection claims for back, bilateral hip, left ankle, and bilateral knee disabilities are being remanded due to the need for additional development including VA examinations.

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

The Board has remanded the case for further development, including obtaining updated VA treatment records and a medical opinion regarding whether the Veteran's low back disability is caused or aggravated by his left knee disability.

The Veteran's left knee disability is rated at 20 percent for osteoarthritis, effective from the date of this decision. A separate 10 percent rating is granted for a surgical scar associated with the left knee.