Knee decisions — 2014

The Board found that there is no current diagnosis of left or right knee conditions and the Veteran's assertions do not constitute competent evidence to establish a service connection for these conditions. The VA examinations did not identify any left knee disability.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of service connection for left and right knee disorders. However, the criteria for service connection have not been met.

The Veteran withdrew his appeal for an initial rating in excess of 10 percent for patellofemoral chondromalacia of the left knee. The claim for a compensable initial rating for bruxism was not granted.

The Board has remanded the Veteran's claims for an increased rating due to new evidence and a need for updated VA examination.

The Veteran's service-connected disabilities render him unemployable, and the Board grants his claim for a TDIU.

The Veteran's post-concussion disorder has been rated at the highest level of impairment, warranting a 40 percent disability rating.

The Board has decided to remand the case for further development and an examination, as it is unclear whether the Veteran's current right knee disability existed prior to service or was aggravated by military service.

The Veteran's service-connected disabilities, including PTSD and panic disorder without agoraphobia, bicipital tendinitis of the bilateral shoulder, chondromalacia patella of the bilateral knee, sinusitis, hypertension, tension headaches, pes planus, and hiatal hernia with gastroesophageal reflux disease, render him unemployable for the period since March 25, 2011.

The Board has determined that the Veteran's right and left knee arthritis are related to service, granting his claims for these conditions. The claim for hydrocephalus is remanded as additional development is needed.

The Veteran's left knee disability, characterized by arthritis and a tear of the lateral meniscus, was found to warrant a 10 percent rating from July 1, 2007.

The Veteran's right knee disability has been rated at 20 percent since the initial grant of service connection. The Board found that his current symptoms, including pain and limited range of motion, do not warrant a higher rating.

The Board has reopened the claim of service connection for brain disease due to trauma and granted service connection. Other claims have been addressed, with some issues resolved in favor of the Veteran.

The Veteran's claims for increased ratings and compensable ratings for his knee disabilities, as well as for the scars on his knees, are being remanded to allow for additional development of the record.

The Board has determined that additional development is needed to ensure all relevant evidence is considered in the decision on appeal. This includes obtaining updated VA treatment records, seeking SSA records, and obtaining addendum opinions from VA examiners.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not have qualifying military service during a period of war. The Board also found that the Veteran should be afforded VA examinations and opinions to determine whether his current respiratory disability, hearing loss, and other disabilities are related to service.

The Veteran's service connection claims for bilateral knee strain, back disability (claimed as middle back condition), left shoulder strain, acid reflux (including heart burn) and traumatic brain injury are all granted.

The Board found that the reduction of the disability rating for right knee instability from 20 percent to noncompensable was proper based on material improvement in the Veteran's condition.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claims for service connection for right and left knee disorders.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's right knee and left lower extremity disabilities, as well as whether any current conditions are related to service.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his right ankle and knee disabilities.