Knee decisions — 2014

The Veteran's current right and left knee disabilities are considered to be related to injuries sustained during service, including combat. The Board has granted service connection for these conditions based on direct service connection.

The Veteran's claim for service connection for a left hip disability is denied, while his claim for service connection for left knee strain is granted.

The Board has remanded the case for additional development, including obtaining private medical records and a VA examination. The Veteran's left knee disability is being evaluated in relation to his service-connected right knee replacement.

The Board found that the Veteran's left knee disorder is not related to his service or service-connected right knee disabilities and denied his claim for service connection.

The Veteran withdrew his appeals regarding the initial ratings for surgical scar, left knee; DJD of the left knee, status post medial meniscectomy; and PTSD prior to the Board's decision.

The Veteran's appeal includes claims for increased ratings and a TDIU. The case is being remanded to obtain updated VA examinations, as well as to address the issue of entitlement to a total disability rating based on individual unemployability.

The Board has granted service connection for PTSD with MDD and tinnitus, but the other issues remain denied. The Veteran's claim of new and material evidence to reopen his bilateral leg disability including leg cramps is dismissed.

The Veteran's left and right knee disabilities are not attributable to military service or to a service-connected disability.

The Board has determined that it is at least as likely as not that the Veteran's osteoarthritis of the left and right knees, as well as her osteoarthritis of the symphysis pubis, originated in military service or is otherwise attributable thereto. Therefore, the claim for service connection for these conditions is granted.

The Veteran's appeals for service connection for high cholesterol, sleep apnea, night sweats, PTSD, an acquired psychiatric disability (including major depressive disorder), fibromyalgia, and a bilateral leg disability have been dismissed due to the Veteran's request for withdrawal. The claims for a bilateral foot disability are not on appeal.

The case is being remanded for further development of the Veteran's claims, including obtaining worker's compensation records and scheduling a VA examination to address service connection for knee disabilities and rating for right shoulder disability.

The Board has determined that the Veteran's low back, right knee, and right hip disabilities are related to his military service. The Veteran's right hip disability is not related to his service, but the examiner found no evidence of a current right knee disability other than a scar noted at enlistment.

The Board has reopened the claim of service connection for a right knee disability due to new evidence. However, it denied both claims for service connection for heart and right knee disabilities as there is no evidence linking these conditions to active duty service or any period of ACDUTRA/INACDUTRA.

The Board found that the Veteran's current osteoarthritis of the knees, status post total knee replacements, was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran was in receipt of a total disability rating for compensation based on individual unemployability (TDIU) since October 2001, and the criteria for TDIU were met as of February 13, 2001. As the death occurred after the effective date of TDIU, DIC benefits under 38 U.S.C.A. § 1318 are granted.

The Veteran's appeal is being remanded for further development, including a VA examination to evaluate his PTSD and service connection for residuals of a left knee injury. The TDIU issue will also be addressed.

The Veteran's appeals for increased evaluations for his post-operative right and left knee disabilities are being remanded due to the inadequacy of a previous VA examination.

The Board has remanded the case for further development, including obtaining service personnel and drill pay records. The Veteran's claims for gunshot wound to the left knee, bipolar disorder, and PTSD are being reviewed.

The Board has determined that the Veteran does not have a low back or left knee disability that manifested in service, or within one year of separation from service. The VA examinations and private opinions do not support a finding that these disabilities are related to his military service.

The Board has remanded the case due to inadequate statement of reasons and bases, requiring a new medical opinion on whether the Veteran's left knee disability is related to service.