Knee decisions — 2014

The Board has remanded the case due to the need for additional examinations and development of records, including VA treatment records.

The Veteran's claims for increased rating, service connection, and other issues were denied. The decision does not address the specific conditions or theories of service connection.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his deployment to Iraq and are more likely than not related to his military service. The right knee meniscal tear claim is dismissed as the Veteran withdrew it before a decision was made. The hearing loss disability claim is also dismissed.

The Veteran's service-connected disabilities render him incapable of gainful employment consistent with his educational background and occupational experience, warranting a TDIU.

The Veteran's claim for a higher level of special monthly compensation based on aid and attendance is being remanded due to changes in his condition since the last examination, which may indicate a need for additional care.

The Board has remanded the case for additional development, including obtaining VA treatment records and affording the Veteran an appropriate VA examination to assess his educational and vocational skills in relation to his ability to perform sedentary employment and/or light duty work.

The Veteran's appeal has been withdrawn by the appellant, effective immediately.

The Board denied an increased evaluation for a service-connected right knee disability in October 1985, and the Veteran is contesting this decision on grounds of CUE. The Board found that the correct facts were before them at the time and they applied the applicable regulations correctly.

The Veteran's claims for increased ratings for his service-connected lumbar spine, left knee, and right knee disabilities were denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's service-connected pes planus with bunions and degenerative joint disease did not cause or aggravate any of his claimed foot, ankle, knee, or lumbar spine disorders. The Board finds that the evidence does not support a grant of service connection for these conditions.

The Veteran's service connection claims for right knee patellofemoral pain syndrome, gastroesophageal reflux disease with hiatal hernia, and left knee degenerative joint disease were granted. The Veteran was awarded a 10 percent rating for his left knee disability.

The Board has reopened the claims of service connection for PTSD, a right knee disability, and a low back disability. The Veteran's PTSD is found to be related to his reported in-service stressor involving fear of hostile military activity during Operation Allied Force.

The Board has remanded the case due to a lack of treatment records and the need for a retroactive VA opinion regarding the Veteran's need for special monthly pension based on the need for aid and attendance prior to September 4, 2013.

The Veteran's chondromalacia with patellar femoral syndrome of the right knee is rated at 10 percent under Diagnostic Code 5019 and an additional 20 percent under Diagnostic Code 5258, for a total rating of 30 percent.

The Veteran's claim for an initial rating in excess of 10 percent for right knee strain was denied. The issue regarding the higher initial rating for service-connected status post thyroidectomy with hypothyroidism prior to June 2, 2012, and entitlement to an initial rating in excess of 30 percent on and after June 2, 2012, is also denied.

The Board has determined that the Veteran's left shoulder and left knee disorders are causally related to his military service.,Service connection is granted for a left shoulder disorder and a left knee disorder.

The Veteran's left knee disability has not manifested flexion limited to 30 degrees or less, extension limitation, subluxation, dislocation, or lateral instability. However, symptoms have persisted even after partial removal of his semilunar cartilage.

The Board has remanded the case for additional development, including obtaining medical records from Dr. C.D.

The Veteran's appeal is being remanded for scheduling a videoconference hearing. The issues of service connection and rating for various conditions are pending.

The Board has reopened the Veteran's claim of entitlement to service connection for patellofemoral syndrome of the right knee and granted it. The Veteran is not entitled to service connection for GERD, left wrist tendinitis, right wrist tendinitis, spurs and ununited fracture of the left ankle, spurs of the right ankle, or muscle tension headaches as they are not related to his active service.