Knee decisions — 2014

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for specially adapted housing and special home adaptation grant, and as such, these claims are granted.

The Veteran's claims for service connection for high cholesterol, right knee disability, left knee disability, diabetes mellitus, type II, and an eye disability have all been denied as the evidence does not support a finding of in-service incurrence or relationship to service.

The Veteran's appeals for increased ratings and TDIU were denied. The skin disability, bilateral pes planus, left knee instability, left knee tendonitis, and right knee tendonitis are all rated under the criteria for direct service connection.

The Board has determined that the Veteran's claims for service connection for various conditions, including migraine headaches, hypertension, a left ankle disorder, restless leg syndrome, a left shoulder disorder, a cervical spine disorder, a right knee disorder, hearing loss, and prostate disorder are denied as there is no evidence of current diagnoses or a link to service.

The Veteran withdrew his appeals for increased ratings and service connection on the issues of osteoarthritis of the left knee, status post total knee replacement with scars, and a shortened leg with gait disorder.

The Veteran's PTSD is manifested by symptoms such as strained relationships, disturbances of mood and motivation, depressed mood, anxiety, nightmares, flashbacks, chronic sleep impairment, impairment of short and long term memory, difficulty concentrating, suicidal ideation, periods of violence, and increased cognitive decline. The Board has determined that the criteria for a disability rating of 50 percent for PTSD have been met or approximated.

The Board has decided to remand the case for further development, including obtaining a medical opinion regarding whether the Veteran's left knee disability is related to his service and/or events therein.

The Board has remanded the case due to the Veteran not being afforded a hearing before a member of the Board. The appeal is now pending and will be scheduled for a Travel Board hearing.

The Veteran's appeal is being remanded for additional development to determine the origin of his left knee disorder and the severity of his service-connected arthritis of the right knee, including whether there is aggravation.

The Board denied the Veteran's claims for reopening his previously denied claim of service connection for arthritis of the left ankle and for an increased rating for traumatic arthritis of the left knee. The Veteran was not granted any benefits.

The Veteran's appeal is remanded due to the need for additional examinations and development of his claims, including obtaining medical records and scheduling him for VA examinations.

The Board has determined that the Veteran's right and left leg disabilities are related to service, with osteoarthritis of both knees being a residual of an injury during active military service. The Veteran's left knee disability was caused or aggravated by his right knee disability.

The Board finds that the Veteran's current bilateral knee arthritis did not manifest during active service or within one year of separation, and there is no evidence linking his current condition to service. The preponderance of the evidence does not support a finding of service connection.

The Veteran's left knee disability is currently rated as 20 percent effective April 7, 2009 for frequent episodes of locking, pain, and effusion into the joint. The Veteran's left ankle disability has been manifested by moderate limitation of motion throughout the appeal period. The Veteran's service-connected headaches are currently rated at 30 percent.,The Veteran is not entitled to a higher rating for his left knee or left ankle disabilities.

The Board found that the Veteran's current bilateral knee disabilities are not related to service and denied both his claim for service connection and his request for an increased evaluation.

The Board has determined that the Veteran's right and left knee conditions, diagnosed as internal derangement with knee strain, warrant a 10 percent disability rating since October 11, 2012. The ratings are based on degenerative arthritis of one major joint without incapacitating episodes and removal of semilunar cartilage.

The Veteran's irritable bowel syndrome is currently rated at 30 percent, effective prior to April 3, 2013. After this date, the highest schedular rating available for his condition has been assigned.

The Board has determined that the appellant's current right knee, lumbar spine, and right leg disabilities were not incurred or aggravated by military service.

The Veteran's service-connected right knee disability is manifested by arthritis with mild instability, but no compensable limitation of flexion or extension. The RO has already assigned the maximum available rating for his patellofemoral arthritis and instability.

The Veteran's right knee disability was evaluated as 10 percent prior to January 12, 2010 and 30 percent as of March 1, 2011. The Board found that the evidence did not support an evaluation in excess of these ratings.