Knee decisions — 2014

The Veteran's claims for service connection were denied. The Board found that the evidence did not meet the criteria for service connection, except for fibromyalgia which may be presumed as having been sustained as a result of his service in the Southwest Asia Theater of Operations.

The Veteran's appeal regarding an initial evaluation in excess of 20 percent for right knee anterior cruciate ligament tear with instability has been dismissed as he indicated satisfaction with the current disability rating.

The Board found that the Veteran's right knee and left leg disorders are not related to military service or his service-connected right leg varicose veins, thus denying these claims.

The Board has determined that additional development is needed to determine the nature and etiology of any left knee and left hip conditions, including whether they are related to service. The Veteran's claims for service connection will be remanded for further action.

The Veteran is granted a total disability rating based on individual unemployability as of May 2, 2012 due to his service-connected disabilities. The right knee disability and mood disorder with migraine headaches preclude him from obtaining substantial gainful employment.

The Board has determined that the September 1986 and November 1999 decisions denying service connection for left ear hearing loss, as well as the August 1999 decision denying service connection for hip disability, did not contain clear and unmistakable error (CUE). However, the September 1986 decision to deny service connection for knee disability contained CUE. As a result, the Board has reversed the denial of service connection for knee disability.

The Board has determined that the Veteran's lumbosacral spine degenerative disc disease and joint disease is service-connected, with a grant of service connection. For his right knee patellofemoral chondromalacia, he was granted an initial rating of 10 percent.

The Veteran's appeal is being remanded for additional development, including an orthopedic examination and completion of a VA Form 21-8940. The case will be returned to the Board for further appellate consideration if necessary.

The Veteran's appeal is being remanded for additional development, including a new VA examination and an opinion on the impact of his service-connected disabilities on his ability to secure or follow substantially gainful employment.

The Board has determined that the Veteran's left knee disorder is not related to service and therefore denied his claim for direct service connection. The Board also found no evidence of secondary service connection based on a right knee disorder.

The Board has remanded the case for additional development of the Veteran's service personnel records, including those pertaining to his USAR service. The claims for left knee disability, low back disability, and bilateral radiculopathy are inextricably intertwined with this request.

The Board found that the Veteran's upper back strain and right knee degenerative joint disease do not warrant a rating in excess of 10 percent under any applicable diagnostic codes.

The Veteran's increased rating claims for his right and left knee disabilities have been denied. His right knee arthritis post-arthroplasty remains at a 30% rating since December 1, 2010. His instability of the left knee has been granted at a 30% rating after May 2, 2014.

The Board found that the grant of service connection for bilateral hearing loss was clearly and unmistakably erroneous, and thus granted severance of this condition. The Veteran's other claims were denied as there is no evidence linking any current disabilities to his military service.

The Board denied the Veteran's claims for service connection for a right knee disability and an increased rating for his service-connected back disability. The Veteran's right knee disability was not found to be related to service, and the assigned 60 percent rating for his back disability is considered adequate.

The Board has determined that another remand is necessary due to the lack of a compliant opinion from the May 2014 VA examiner. The Veteran's right knee disability will be reviewed again with consideration for his lay statements and medical history.

The Board found that the Veteran's current right and left knee disabilities are not related to his service, as any knee injuries sustained in service were acute and resolved without residual disability.

The Veteran's claims for service connection are being remanded to obtain additional medical opinions and address the newly submitted evidence. The right knee disability is inextricably intertwined with the left knee and low back disabilities, so all three conditions will be addressed together.

The Veteran's appeal includes claims for service connection and increased ratings for various joint disabilities, as well as a claim for TDIU. The Board has ordered additional development to address these issues.

The Board has remanded the case for further development and consideration of the claims of service connection for left knee and right knee osteoarthritis.