Knee decisions — 2014

The Board found that the Veteran's right knee disability and hypertension were not incurred or aggravated by service, as there was no evidence of a pre-existing condition in service or within one year post-service. The VA examiner opined that the current conditions are more likely related to the Veteran's prior injury before service rather than any service-related factors.

The Veteran's claim for service connection for a left knee disability was received within one year of separation from active duty and the Board finds that he had a left knee disability at that time. Therefore, the effective date for the award of service connection is set to July 19, 1999.

The Veteran's right knee disability is service-connected and he has been granted a 20 percent rating. The RO also assigned separate 20 percent ratings for his right shoulder disability effective July 15, 2011.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, right shoulder disorder, left shoulder disorder, back disorder, and right knee disorder. The claim for a compensable rating for bilateral hearing loss was also denied.

The Veteran's right knee ACL repair residuals are rated at 20 percent, effective June 18, 2008. The Board found that the criteria for a disability rating of 20 percent were met due to frequent episodes of 'locking', pain, and effusion into the joint.

The Board found that the Veteran did not incur a chronic left knee disorder in service or as a result of his service-connected right knee disability, and thus denied his claim for service connection.

The Board has determined that the VA examination conducted in December 2010 is inadequate and a new VA examination should be conducted to address whether the Veteran's back disability, right knee disability, and right hip disability were caused or aggravated by his service-connected foot disability.

The Veteran's claim for a TDIU is being remanded due to the need for additional VA examinations and updated treatment records. The RO/AMC will reassess his employability status in light of all evidence.

The Board has determined that the reduction of the disability rating for right knee instability from 10 percent to 0 percent, effective March 1, 2010, was proper.

The Board denied the Veteran's claims for service connection and increased evaluations, finding no current right knee disability or evidence of a right knee injury in service. The Veteran's left knee disabilities are currently evaluated as 10% disabling.

The Veteran's appeal is being remanded for additional development, including obtaining clarification from Dr. Brager regarding the cause of his colorectal cancer and scheduling an examination to determine if it was caused by herbicide exposure.

The Board has remanded the case due to scheduling issues for a videoconference hearing. The Veteran's claims for service connection for bilateral knee disorder and right shoulder disorder are pending.

The Veteran's service-connected right and left knee disabilities have been rated based on their respective conditions, with the highest available rating of 20 percent for each. The decision grants these ratings.

The Board denied the Veteran's claims of entitlement to service connection for metatarsalgia and bone spurs of the feet, right knee disorder including degenerative joint disease (DJD), and left knee disorder including degenerative joint disease (DJD). The Board found that there was no evidence linking these conditions to her military service.

The Board found that the Veteran's left knee disability pre-existed service and was not aggravated by service, thus granting service connection on a presumptive basis.

The Veteran's right knee disabilities have been granted increased ratings, and his left knee disability has been denied service connection.

The Board found that the Veteran's current bilateral knee disabilities did not clearly and unmistakably pre-exist service, thus establishing a presumption of soundness at entry. The evidence does not support a finding of in-service injury or disease for either knee, nor is there a medical nexus between the current conditions and service.

The Veteran's appeal is being remanded for an additional VA examination to assess the severity of his left knee disability, as he has asserted that it has worsened since his last VA examination.

The Veteran's left knee and thigh disability, including arthritis and muscle injury, are currently rated at 10 percent each under Diagnostic Codes 5003 (arthritis) and 5314 (muscle disability), respectively. The RO has not granted a higher rating for these conditions.

The Veteran withdrew his appeals on the issues of exposure to chemicals and respiratory disorder, claimed as asthma, sinus, shortness of breath, cough, including as due to herbicide and asbestos exposure. The remaining claims are pending.