Knee decisions — 2014

The Board has determined that the Veteran does not meet the criteria for service connection for a spine disability, right foot hallux valgus, bilateral breast reduction, or chronic headaches. The claim for an acquired psychiatric disability is denied as there is no current diagnosis and it is less likely than not caused by service. Service connection for sleep apnea, left knee, and right knee disabilities cannot be established due to lack of evidence.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for low back disability and left knee disability. The Veteran's current conditions are found to be related to his military service.,Service connection is granted for a low back disability, as it is considered directly related to active duty for training in 1972.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for right and left knee disabilities, but not for residuals of left shoulder injuries. The Veteran's claim for unspecified results of overdose of pain medications is denied as there is no medical evidence of a diagnosed disability resulting from the alleged overdose.

The Veteran's claims for higher ratings for DJD of the right knee and DDD of the lumbar spine were denied as his conditions do not warrant a rating in excess of 10 percent.

The Board has remanded the case due to inadequate notice and failure to obtain service department records. The Veteran's claim is not about service connection, but rather whether new and material evidence has been received to reopen his previous claim for a left knee disability.

The Veteran's appeals for increased evaluations for asthma with obstructive sleep apnea and a lumbar muscle strain, as well as his claim for service connection for a right knee disability, have been withdrawn. The Board has dismissed these issues.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has remanded the case for additional development to include adjudicating the issues on a de novo basis, including obtaining VA treatment records and providing clarifying opinions regarding the nature and etiology of the Veteran's asthma and his back, bilateral knee, left hip, and left leg disabilities.

The Veteran's degenerative joint disease of the bilateral knees was not caused by or aggravated by his military service, did not manifest in service or within a year of service, and is not otherwise related to service. Therefore, the claim for service connection has been denied.

The Board has remanded the Veteran's claims due to inadequate explanation of reasons and bases for denying service connection for knee and ankle conditions, claimed as secondary to service-connected pes planus. The case is now being returned for further development.

The Veteran's claim for an increased evaluation of his service-connected left knee disability is being remanded due to the inadequacy of previous VA examinations and the need for a new examination. Other issues related to service connection are also pending.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and clarifying whether the appellant desires a Board hearing.

The Board found no evidence to support service connection for either right or left knee disability, concluding that the current conditions are not related to active duty.

The Veteran's claims for increased evaluations were denied. For the period prior to February 1, 2013, his knee conditions did not warrant an evaluation in excess of 10 percent or a separate evaluation for symptomatic removal of semilunar cartilage. Since April 1, 2014, his residuals of total left knee replacement have been rated at the maximum available under the rating criteria.

The Board has determined that the Veteran's bilateral knee degenerative joint disease is related to his service in Vietnam, and thus grants service connection for this condition. The other claims are denied.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to benefits under the provisions of 38 U.S.C. 1151 for the residuals of a total knee replacement, and as such, the Veteran is entitled to these benefits.

The Veteran's service-connected discogenic disease of the lumbosacral junction, chondromalacia patella, left knee, with degenerative changes, and chondromalacia of the right knee are not shown to meet or approximate the criteria for a compensable evaluation. The Veteran's hypertension is also not shown to meet or approximate the criteria for a compensable evaluation.

The Board has reopened the Veteran's claim for service connection for bilateral knee disorders and finds that new and material evidence has been submitted. The examiner is requested to provide an opinion on whether it is at least as likely as not (50 percent or better probability) that any current disability of the knees is etiologically related to active service.

The Veteran's bilateral hip, foot, and left knee disabilities are found to be secondary to his service-connected right great toe disability. The claims for increased ratings for the right knee disability have been granted.