Knee decisions — 2014

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation from February 15, 2001 through December 31, 2001.

The Board has determined that the Veteran does not have a left or right knee disorder as a result of disease or injury incurred in service. The claim for service connection is denied.

The Veteran's current right knee arthritis is found to have resulted from his service-connected left knee disability, and the Board grants entitlement to service connection for this condition.

The Veteran's service-connected disabilities, including a mood disorder, lumbar strain with chronic mechanical low back pain, tinnitus, and chondromalacia patella of the right knee, have resulted in a combined disability rating of 80 percent. The Board has found that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has determined that the reduction of the 100 percent schedular evaluation assigned for the service-connected right knee osteoarthritis following right knee replacement effective February 1, 2010 was proper. The appeal is denied.

The Board has remanded the claim for service connection for a left leg disability due to insufficient evidence and the need for a VA examination.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, Crohn's disease, diabetes, sleep apnea, and right knee disability. The decision also addressed whether new and material evidence had been submitted to reopen a previously denied claim for service connection for a right knee disability.

The Board has decided to remand the Veteran's claim for further development, including obtaining service personnel records and updated treatment records. The Veteran will be provided with VCAA notice regarding secondary service connection. A VA examination is needed to determine the current nature and etiology of his right knee disorder.

The Board has remanded the Veteran's claims due to inadequate examinations and treatment records, requiring further evaluation of his bilateral knee disorders.

The Veteran's claims for service connection are being remanded due to the need for a videoconference hearing. The Board will schedule such a hearing and notify the Veteran of its date, time, and location.

The Board has determined that the Veteran's claimed bilateral shoulder, hip, knee, ankle, and tendonitis disabilities were not incurred or aggravated during active service. The evidence does not support a finding of direct service connection for these conditions.

The Board has remanded the claims due to incomplete development and requests an addendum opinion from a VA physician regarding whether the Veteran's current bilateral knee and/or lumbar spine disabilities are related to service or service-connected conditions.

The Board has determined that the Veteran's right and left knee disabilities do not warrant a rating in excess of 10 percent.

The Board has remanded the Veteran's appeal to the RO for additional action, including obtaining VA and private clinical documentation pertaining to his left knee disability. The Veteran will be scheduled for a VA joint examination.

The Veteran's cervical spine disability was rated at 10 percent prior to May 28, 2009 and at 20 percent from that date. The right knee strain with degenerative changes has been rated at 10 percent since the initial award of service connection in June 2005. The Veteran's right hand fracture was not assigned a compensable rating.,The Veteran's cervical spine disability is currently rated as 20 percent disabling prior to May 28, 2009 and 40 percent from that date.

The Veteran's appeal for increased ratings and service connection has been denied as the claims are not supported by sufficient evidence. The Board found that the Veteran failed to report for scheduled VA examinations without good cause, which is a legal determination.

The Veteran has been granted service connection for peripheral neuropathy of the bilateral lower extremities, which is considered a direct service connection as there was no presumption or secondary condition involved.,There is insufficient evidence to establish a current diagnosis of migraine headaches. The Veteran's claims for arthritis in the joints other than the lumbar spine and left knee have also been denied.

The Veteran's degenerative joint disease of the left knee is currently rated at 10 percent disabling, and the Board finds that a higher rating is not warranted.

The Board has denied the Veteran's claims for service connection for asthma and a left knee disability, finding that there is clear and unmistakable evidence that her asthma preexisted service and was not aggravated by service. The decision summary explains the reasoning behind this conclusion.

The Veteran's combined disability rating is at least 70 percent, with one disability rated as 40 percent disabling. The schedular percentage requirements for TDIU are met.