Knee decisions — 2014

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if the Veteran's low back, left knee, and left ankle disabilities are related to service.

The Board has determined that a new VA examination is needed to determine if the Veteran's current right knee disorder is related to his military service, specifically his MOS as a construction man and lineman climbing poles. The Veteran also testified about swelling in his knees at night, which needs to be evaluated.

The Veteran's claim for service connection for sleep apnea disorder is granted. The Board finds that the Veteran had a current diagnosis of sleep apnea and established continuity of symptomatology since service, meeting the criteria for service connection.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for left knee disabilities. After considering all of the evidence, including a private medical opinion linking the current conditions to his in-service injury, the Board finds that there is at least an approximate balance of positive and negative evidence regarding whether the Veteran's current left knee disabilities are related to his military service.

The Board has determined that the Veteran's left and right knee disabilities were not incurred or aggravated by service, and thus denied both claims.

The Board has determined that the Veteran's current right knee disability is not related to his active service and denied his claim for service connection.

The Board has determined that the Veteran's right knee and left shoulder disabilities are related to his active service, thus granting service connection for these conditions.

The Board has determined that the Veteran's left knee strain is related to an injury sustained during active service, and thus grants service connection for this condition.

The Board has granted a 10 percent disability rating for the Veteran's left knee disability, effective July 15, 2008.

The Board has granted service connection for degenerative joint disease of the shoulders and patellofemoral syndrome of the knees, but denied service connection for fibromyalgia.

The Board has determined that the Veteran's current low back disorder, diagnosed as degenerative disc disease, was not incurred in or aggravated by military service and may not be presumed to have been incurred in service. The preponderance of evidence fails to establish a chronic left knee disorder present during active military service and there is no competent and credible evidence relating it to an established event, injury, or disease during military service. Similarly, the right knee disorder was not incurred in or aggravated during active military service.

The Veteran sustained injuries to his left knee and ankle during service, but there is no evidence of a chronic disability that can be presumed to have been incurred in service. Service connection for these conditions is therefore denied.

The Board has remanded the case for additional development due to lack of recent medical records. The Veteran's claims for service connection are pending and will be reconsidered after obtaining updated treatment records.

The Board finds that the Veteran's current low back, knee, and hip disabilities are not related to his in-service right ankle injury. As such, service connection for these conditions is denied.

The Veteran's service-connected right knee and back disabilities have rendered him unable to secure or follow a substantially gainful occupation, warranting TDIU on an extraschedular basis.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a left knee disability, and thus the claim is granted.

The Veteran's left knee disability, including painful motion and instability, warrants a separate 10 percent rating for lateral instability.

The Veteran's right knee arthritis is found to be secondary to his service-connected left knee replacement.

The Veteran's bilateral knee bursitis and ganglion cyst of the right knee are found to be related to her service-connected retropatellar pain syndrome. Her mood disorder is rated at 30 percent, effective September 4, 2009.

The Veteran's claim for a higher rating for his left knee injury is being remanded due to incomplete records and procedural issues.