Knee decisions — 2014

The Board has determined that new and material evidence has been submitted to reopen the claims of service connection for left shoulder disorder, left knee disorder, and right knee disorder. The appeals are therefore considered as having merit.

The Board has reopened the Veteran's claims for service connection for right and left knee disabilities, finding that new evidence supports these claims. The Board also granted service connection for both knees based on direct service connection.

The Board has determined that new and material evidence has not been received to reopen the previously denied claims of service connection for a visual disability, residuals of a head injury, and left knee disability. The claim for diabetes mellitus is granted.,The claim for erectile dysfunction was not incurred in active service and is not secondary to a service-connected disability.

The Veteran's initial claim for a compensable rating for his left knee disability was granted, and he is now receiving a 10 percent evaluation. The appeal has been remanded to obtain additional treatment records.

The Veteran's claim for service connection for osteoarthritis of the right knee was granted with an effective date of March 27, 2004. The original claim was filed in November 1969 when he requested service connection for a pungi stake penetrating injury to his right leg.

The Veteran's bilateral knee disorder is not service-connected, but his muscle wasting and atrophy are related to his diabetes.,His altered gait is considered part of his service-connected degenerative joint disease of the lumbar spine.

The Veteran's service-connected right knee sprain is currently rated at 10 percent, the minimum compensable rating. The VA examiner found no more than minimal degenerative changes and limited range of motion, which does not meet criteria for higher ratings under any applicable diagnostic codes.

The Board denied the Veteran's claims of service connection for a left knee disorder and a left rib disorder, finding that there was no evidence of chronic disease or injury in service. The Veteran's current conditions are not presumed to have been incurred due to military service. For bilateral hearing loss, the Veteran did not meet the criteria for an initial compensable rating.

The Veteran requested to withdraw the appeal, thus the case is dismissed.

The Veteran's service-connected disabilities, including migraines, bronchial asthma, lumbosacral strain, left arm radiculopathy associated with cervical strain, right shoulder acromioclavicular degenerative joint disease, residuals of a right wrist injury with fibrositis, left ankle injury, tinnitus, sinusitis, left knee injury, and cervical strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the Veteran's claim for TDIU.

The Veteran's TDIU rating was granted effective January 14, 2009. The Board found that a TDIU rating on an extraschedular basis should have been granted as early as November 19, 2006.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his claimed disabilities.

The Veteran's claim for service connection for a left knee disability, to include as secondary to the service-connected right knee disability, is being remanded due to incomplete development and need for additional medical opinions.

The Board has determined that the Veteran's diagnosed bilateral osteoarthritis of the knees and degenerative joint disease (osteoarthritis) of the right knee were not incurred in or aggravated by service, as there is no evidence of an in-service injury to his legs. The VA examiner concluded that it was less likely than not that the Veteran's current leg conditions are causally related to service.

The Veteran's heart disability, including mitral and aortic regurgitation, is granted service connection. The right knee disability secondary to the left knee disability remains pending.

The Veteran's bilateral knee disability is not service connected as there is no evidence of a chronic condition during or within one year after service, and the current condition is not related to active duty service.,Further examination and opinion are needed to determine if the Veteran's gout and any diagnosed foot conditions are related to his active duty service.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that a TDIU is warranted.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and post-service treatment records. The Veteran's appeal remains on hold until further action is taken.

The Veteran's appeal regarding the issue of entitlement to an increased rating for a lumbar spine disability has been withdrawn. The Board therefore dismisses this issue.

The Veteran's right knee condition and sleep apnea are found to be related to service, with the Board granting service connection for these conditions.