Knee decisions — 2014

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence, as well as to address the Veteran's claims for increased disability rating and service connection.

The Veteran's claim for service connection for diverticulitis is granted. The Board finds that the Veteran has a current disability of diverticulitis related to his active service.

The Veteran's unauthorized medical services for physical therapy and occupational therapy were denied as they did not meet the criteria of being in a 'medical emergency' or associated with an approved service-connected disability.

The Veteran's left knee degenerative joint disease is currently rated at 10 percent, but the Board finds that his disability does not warrant a higher rating based on limitation of motion or instability.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records.

The Veteran's low back disorder, characterized as lumbar disc syndrome, was rated at 20 percent prior to January 25, 2011. After this date, the rating was increased to 40 percent.,For his right knee disorder, the Veteran has been denied an initial disability rating in excess of 20 percent.

The Board found that there is no direct etiological connection between the Veteran's current left knee condition and his time in service. The competent medical evidence does not support a finding of secondary service connection due to his service-connected right knee disability.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no right hip disability, but noted marked hip disability in the left hip with pain. For the knee issues, slight instability was noted without moderate instability.

The Veteran's right knee chondromalacia patella is currently rated at 10 percent, reflecting painful limitation of flexion without other significant functional impairment.

The Board has determined that the Veteran's left shoulder disorder, right knee disorder, and acquired psychiatric disorder (including bipolar disorder and depression) are not related to his military service. The evidence does not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's claimed hip, knee, and ankle disabilities are not service-connected as secondary to his service-connected lumbosacral strain.

The Board finds that the Veteran's actions and employment activities preponderate against his claim, and are more probative than the favorable medical evidence and lay testimony of the Veteran and his spouse. The claim for service connection for a bilateral knee disability is denied.

The Board has determined that the Veteran does not have a current left ankle disability and denied his claim for service connection. For the left knee disorder, the Board found no direct service connection due to lack of evidence showing an in-service injury or disease.

The Board found that the Veteran's current left knee, leg, hip, right hip, and right knee disabilities did not have onset in service. The preexisting left knee condition was determined to be less likely than not related to an injury during service.

The Veteran's combined rating for his service-connected conditions is 80%, which meets the percentage requirements for a schedular TDIU. However, the weight of the evidence indicates that these disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Board has granted the Veteran's claim for service connection for hypertension, finding that elevated blood pressure readings in active service are related to current hypertension. The issue of an initial rating in excess of 10 percent for the service-connected left knee disability is addressed separately.

The Board has remanded the claims for service connection due to new and material evidence having been received, but is not reopening the claims as they are still considered based on the merits. The Veteran's current complaints of neurological impairment in his left upper extremity have not been substantiated by medical evidence.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's bilateral knee disabilities and for obtaining additional VA medical records.

The Veteran's claims for increased evaluations of his right and left knee osteoarthritis were denied as the evidence did not show that they warranted a higher rating.

The Veteran's right knee disability, characterized as patellofemoral syndrome, has not met the criteria for a higher rating based on flexion or extension limitations. The current 10 percent evaluation adequately reflects the severity of his symptoms.