Knee decisions — 2014

The Board finds that the Veteran's bilateral knee, left shoulder, and right shoulder disabilities are not related to his active service.,There is no evidence of any complaints or treatment for these conditions during service. The Veteran reported symptoms many years after separation from service.

The Veteran's right knee disability, prior to November 1, 2009, was rated at 10 percent due to DJD. The current rating is maintained as the evidence does not meet criteria for a higher evaluation.

The Board has remanded the case due to new evidence submitted by the Veteran and a request for reconsideration of the claims.

The Board has remanded the case for additional development, including obtaining updated VA and private treatment records, scheduling an examination to address the etiology of the appellant's bilateral knee disability, and readjudicating the claim.

The Veteran's neck disability claim was withdrawn at the April 2011 hearing.,Service connection for a right knee disorder is not established as his current right knee disorder did not manifest in or within one year of service and does not relate to an in-service injury or disease.,A disability rating in excess of 10 percent for a left knee disability with instability is denied as the Veteran's left knee has intermediate instability and no patellar subluxation or dislocation.,A disability rating in excess of 10 percent for a left knee disability with loss of range of motion is denied as his left knee has flexion between 0 and 115 degrees with some pain, normal left knee extension without pain, and intermittent swelling.

The Board has determined that the Veteran's combined service-connected disability evaluation of 90 percent effectively precludes him from securing and following substantially gainful employment due to his PTSD, right shoulder disorder, bilateral hearing loss, knee disabilities, tinnitus, and left shoulder residuals. TDIU is granted.

The Board has determined that the Veteran does not have a current diagnosis of bilateral shin splints. The claims for service connection for left and right knee disabilities, bilateral foot disability (jungle rot and/or cold injury residuals), and chronic recurrent sinusitis are denied as there is no evidence to support these conditions were incurred in or aggravated by active duty service.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for asthma, shortness of breath and chest pain; right knee disorder; and left knee disorder.

The Board has determined that the Veteran's current right knee disability is related to his service, and thus grants service connection for this condition.

The Veteran's claims for increased evaluations for her right and left knee disabilities were denied as the evidence did not show that her conditions warranted a higher evaluation based on current symptomatology.

The Board has remanded the case for additional development, including obtaining new VA examinations and any relevant private treatment records.

The Veteran's appeal is being remanded for additional development to address the relationship between his current left knee disability and service, as well as any aggravation by a pre-existing right knee disability.

The Veteran's claim for service connection for OSA has been reopened, and the Board finds that new and material evidence has been submitted to reopen this claim. Service connection is granted.,Service connection is also granted for a bilateral knee disability, low back disability, and bilateral ankle disability.

The Board has remanded the Veteran's claims of service connection for left knee and left ankle disabilities due to insufficient development, including obtaining additional medical records and scheduling a VA examination.

The Board has determined that the Veteran's claims for service connection for various conditions, including arteriosclerotic heart disease, right knee disability, tailbone disability, lumbar spine disability, and diabetes mellitus, type II, have been denied as they do not meet the criteria for reopening a previously denied claim or establishing service connection.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed conditions, including whether they are related to service or any service-connected disabilities.

The Board has granted the Veteran's claim of reopening his service connection for a right knee disability and has determined that, based on the evidence in equipoise as to causation, he is entitled to service connection for this condition. The left knee disability issue remains pending.

The Veteran's low back disorder is currently manifested by limitation of motion and moderately severe neurological abnormalities, but no ankylosis or bladder/bowel impairment. The Veteran was granted a separate 40 percent rating for radiculopathy of the right lower extremity.,Effective May 29, 2007, the criteria for a disability rating of 40 percent for radiculopathy of the left lower extremity associated with the low back disorder have been met.

The Board has reopened the Veteran's claim for service connection for a bilateral knee disability and granted it. The Veteran's new evidence, including his statements about in-service injuries and ongoing symptoms, raises a reasonable possibility of substantiating his claim. His claim for hydrocephalus is also addressed.

The Veteran's claims for service connection for bilateral pes planus, a back disorder, and a bilateral knee disorder have been denied as the evidence does not establish that these conditions are related to her active duty service.