Knee decisions — 2014

The Veteran seeks service connection for a right ankle disability that he claims is secondary to his service-connected left knee disability. The Board has determined that additional development is necessary, including an examination and opinion regarding the etiology of the right ankle disability.

The Veteran's left knee disabilities, including degenerative arthritis with instability and limited extension, have been rated based on their functional impairment. The RO has granted increased ratings for the left knee disability since August 8, 2012.

The Board finds that the evidence is against a finding of a right shoulder disability causally related to service or a service-connected disability.

The Veteran's right hip arthritis, left knee arthritis, and lumbar spine arthritis are all related to his service-connected residuals of partial tear of the left Achilles tendon.

The Veteran's appeal is being remanded due to inadequate examinations and the need for additional development of his left knee disability, sleep apnea, and stroke claims.

The Board has remanded the case for additional development, including scheduling a VA orthopedic examination to determine if the Veteran's right knee disability is related to military service or caused by his service-connected left knee disability. The appeal will be re-adjudicated after this development.

The Board has determined that the Veteran's arthritis of the right and left knees were manifested during active service and there is competent evidence of a continuity of symptoms. Therefore, service connection for these conditions is granted.

The Veteran's service-connected injuries from a slip and fall in the VA parking lot are not considered to be caused by VA treatment, thus denying his claim for 1151 benefits.

The Veteran's right knee strain, DDD of the lower back, and cervical spondylotic changes are each rated at 10 percent. The claims for higher ratings remain denied.

The Veteran's service-connected bilateral knee disabilities do not render him unable to obtain and maintain substantially gainful employment.

The Veteran's service-connected disabilities, collectively rated at 90 percent, do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's left knee disability is not shown to be related to service or his service-connected right knee disability, and the Board finds that he does not meet the criteria for service connection.

The Board has remanded the claims due to a scheduling conflict, and the Veteran's attorney requested rescheduling of his Board hearing.

The Veteran's claims for increased evaluations of his left and right knee disabilities were denied. The Board found that the evidence did not meet the criteria for a higher evaluation prior to February 23, 2011.

The Veteran's service-connected degenerative joint disease of the right and left knees, along with instability in both knees, warrants an initial compensable rating (10%) for each knee. The RO assigned separate ratings based on the April 2013 VA examination showing painful motion.

The Board denied the Veteran's claims for service connection and other issues, finding that new and material evidence was not presented to reopen her previously denied claims. The decision also addressed the earlier effective date claim.

The Board has ordered additional development due to the need for VA medical records and service personnel records. The Veteran's appeal will be returned to the AOJ for further consideration.

The Veteran developed additional disability (decubitus ulcers eventually necessitating above knee amputations) as a result of an improperly fitted wheelchair prescribed by VA, which was due to VA's failure to exercise the degree of care that would be expected of a reasonable health care provider in prescribing and monitoring the Veteran's use of the wheelchair. The Board finds that compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of decubitus ulcers of the lower extremities, to include above knee amputations is warranted.

The Veteran's right and left knees have been rated based on their service-connected conditions, with the highest possible rating of 10 percent for each knee.

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it is secondary to his service-connected conditions, including major depression, failed neck syndrome with degenerative joint disease and right C-5 radiculopathy, acromioclavicular sprain of the right shoulder with Mumford procedures, right knee chondromalacia and left knee chondromalacia.