Knee decisions — 2014

The Board found that the Veteran's right knee disabilities do not present an exceptional or unusual disability picture with factors such as marked interference with employment or frequent periods of hospitalization, and thus the available schedular evaluations are adequate.

The Veteran's claim for increased ratings for his left knee disability has been denied. The VA examiner found no evidence of instability or pain in the left knee, and the current range of motion does not meet the criteria for a higher rating.

The Board has remanded the case for additional development due to conflicting evidence of file as to whether the Veteran had a right knee disability and/or functional impairment of the right knee on use, and also because of new evidence submitted by the Veteran's attorney-representative.

The Board finds that the Veteran does not have a low back disability that is related to service and therefore, denied his claim for service connection. The claims of secondary service connection for left hip, knee, and leg disabilities are also denied.

The Board found that the Veteran's current back and knee disorders are not related to service, and arthritis was not shown within one year of separation from active duty. Therefore, service connection for these conditions cannot be granted.

The Veteran's claim for specially adapted housing was denied as he does not meet the basic eligibility requirements due to his service-connected disabilities.

The Veteran's service-connected disabilities, particularly his low back and right knee conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he is entitled to a TDIU on an extra-schedular basis.

The Board found that the evidence received since the April 2006 rating decision is not new and material, and therefore denied the Veteran's request to reopen his claim for service connection for a left knee disability.

The Veteran's claims for increased evaluations for his service-connected knee and wrist conditions have been dismissed due to the death of the Veteran.

The Veteran's appeal is being remanded to schedule a videoconference hearing before the Board at the RO. The issues include rating for bilateral hearing loss, verruca on both hands, and residuals of a fracture of the right little finger; service connection for erectile dysfunction, PTSD, left knee condition, hypertension, bilateral eye condition, and migraine headaches; and reopening claims for left knee condition, hypertension, and bilateral eye condition.

The Board has remanded the case due to the need for further development and medical opinions regarding the etiology of the Veteran's left knee subluxation.

The Veteran's service-connected disabilities are rated as 70 percent disabling (combined), including a 50 percent rating for OSA, and preclude him from securing or following substantially gainful employment consistent with his education and employment background. Therefore, the claim for TDIU is granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and a VA examination to assess the severity of his service-connected right knee disability.

The Board has remanded the case due to the Veteran's request for a video conference hearing. The right knee disability claim is still pending and will be addressed after scheduling the hearing.

The Veteran's appeal is being remanded due to the lack of VA treatment records from his period of active duty. The case will be readjudicated after these records are obtained.

The Veteran's claim for service connection for a left knee disability was granted with an effective date of February 20, 2001. The Board found that the Veteran's entitlement to service connection arose prior to the February 20, 2001, date of claim and thus determined that the earlier effective date is February 20, 2001.

The Board has determined that the Veteran's tinnitus is related to her in-service noise exposure, and she is granted service connection for this condition.,The evidence is at least in equipoise as to whether the bilateral ulnar nerve disability is related to the Veteran's active duty service. The Board finds service connection for this condition.

The Veteran's appeal is being remanded due to the failure to schedule a Board hearing via videoconference from the RO.

The Veteran's right knee disability, manifested by limited motion and pain, does not warrant a rating higher than the current 10 percent assigned under Diagnostic Code 5003.

The Board has remanded the case for further development due to inadequate consideration of the effects of the Veteran's knee disorders and referral for extraschedular consideration.