Knee decisions — 2014

The Board found that the Veteran does not have a current diagnosis of a left knee disability related to active military service and denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for clarification regarding his desire for a DRO hearing. The case will be returned to the RO/AMC for appropriate action.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision. The claims for service connection for a left great toe disability and increased ratings for various knee disabilities are dismissed.

The Veteran's claims for service connection for bilateral knee degenerative joint disease, left foot and heel pain, and right elbow pain are being remanded due to the need for additional development.

The Veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing is being remanded due to the need for further examination and consideration of his service-connected disabilities.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and scheduling appropriate examinations.

The Board has determined that the Veteran does not have a current bilateral shoulder/upper back disorder or left knee disorder that is related to her military service. The claim for bilateral pes planus was granted, and the right knee disorder (shin splints) claim is encompassed in the award of service connection for shin splints.

The Veteran's left knee and low back disabilities are not service-connected as they are not related to his active duty service or any recognized chronic condition that manifested within one year of separation from service. The Board finds the evidence does not support a finding that these conditions are proximately due to, the result of, or aggravated by his service-connected bilateral pes planus with hammertoes and plantar calluses.

The Board has granted an effective date of May 14, 2009 for the award of a temporary total rating under 38 C.F.R. § 4.30 and a 100% evaluation for one year (from June 1, 2009 to May 31, 2010) for right total knee replacement.

The Board has determined that the Veteran's right and left knee osteoarthritis are aggravated by his service-connected pes planus, warranting service connection for these conditions.

The Board has determined that there is no evidence of a chronic knee disability in service or for years thereafter, and the Veteran's current knee disabilities are less likely than not related to his military service.

The Veteran's left knee disorder, diagnosed as traumatic arthritis with residual instability and pain, did not meet the criteria for a higher evaluation from October 19, 2005 to December 3, 2007.

The Veteran's right knee disability is currently rated at 10 percent, but does not meet the criteria for a higher rating based on limitation of motion or other factors. The current rating adequately reflects the Veteran's level of disability.

The Veteran's appeal was denied for entitlement to increased ratings for bilateral hearing loss, as well as service connection for various joint disorders. The Board found no evidence of exceptional patterns of hearing impairment and concluded that the Veteran did not meet the criteria for a compensable rating under the applicable VA Schedule for Rating Disabilities.

The Board has determined that the Veteran does not have a current hip, knee, or foot disability that is related to his military service. The evidence does not support a finding of in-service injury or chronic symptoms.

The Veteran's lumbar spine disability has been granted an initial evaluation of 40 percent, effective from June 22, 2008. The cervical spine disability was also granted a separate initial evaluation of 20 percent for the right lower extremity radiculopathy and another 20 percent for the left lower extremity radiculopathy.

The Board has determined that the Veteran's right knee and left ankle disabilities are not service-connected as they are not shown to be related to his military service or a service-connected disability.

The Board found that the Veteran's hip, knee and cervical spine disabilities are not service-connected as they did not begin during or within one year after his military service. The Board also determined that these conditions are secondary to his service-connected hallux valgus of the left foot.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his service-connected right and left knee disorders.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and providing the Veteran with a VA examination to evaluate his service-connected knee disabilities.