Knee decisions — 2014

The Board found that the Veteran's left knee disability was not incurred or aggravated in service and is less likely than not related to his military service.

The Board has determined that the Veteran's right knee disability is not service connected, as it was not shown to be incurred or aggravated by his military service. The claim for secondary service connection based on aggravation of a pre-existing condition (his left knee) was also denied.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation consistent with his education and work experience.

The Board found that there is no credible evidence of a right knee injury during service and denied the Veteran's claim for service connection.

The Board has decided to remand the Veteran's claim for service connection of a right knee disability due to insufficient medical evidence and need for additional development. The examiner is asked to determine if the Veteran had a pre-existing right knee disorder prior to his military service, whether it was aggravated during service, and if not, whether there is a direct link between his current condition and service.

The Board has determined that the Veteran does not have current diagnoses of a bilateral ankle condition, bilateral knee condition, or left hip condition. Therefore, service connection for these conditions is denied.

The Board has ordered a remand to obtain private medical records, provide the Veteran with VA examinations for his right shoulder and knee disabilities, and address whether any current disabilities are related to service.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical opinions and treatment records. The appeal will be remanded to the AOJ for these actions.

The Veteran's right foot disability was granted service connection. The claims for increased rating of PTSD, peripheral neuropathy, stomach and esophageal ulcers, and left ear hearing loss were withdrawn by the Veteran.

The Board has determined that the Veteran's right knee disability is related to an injury during active duty in the Army and was aggravated by another injury during a subsequent period of ACDUTRA. Service connection for this condition is granted.

The Veteran's appeal is being remanded to schedule a new Videoconference hearing before a Veterans Law Judge due to his failure to report for the scheduled hearing and allegations of good cause.

The Veteran's appeals were denied as his conditions did not warrant increased ratings under the applicable VA rating criteria.

The Veteran's service-connected lumbar spine disability is rated at 40% since November 15, 2012. The Board has jurisdiction to determine whether entitlement to a TDIU on an extraschedular basis is warranted due to the Veteran's service-connected lumbar spine disability.

The Board has determined that the Veteran's degenerative joint disease of the right knee is not service-connected as it did not result from an in-service injury or aggravation, and any increase in disability was due to the natural progression of the condition.

The Veteran's left knee degenerative joint disease is currently rated at 10 percent, and the Board finds that he does not meet the criteria for a higher rating. The TDIU claim has been granted.

The Board denied an earlier effective date for the award of service connection for a left knee disability characterized as ITBS of the left knee with degenerative joint disease and bone island, finding that the November 1992 rating decision denying service connection was not based on clear and unmistakable error.

The Veteran's claims for increased ratings for degenerative joint disease of the right and left knees were denied as his symptoms did not warrant a higher rating based on current clinical findings.

The Board has remanded the case to the AOJ due to a need for another hearing.

The Board has determined that the Veteran's current chondromalacia of the knees is related to his service, and thus granted his claim for service connection.

The Board denied the Veteran's claims for increased ratings for his right and left knee disabilities, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.