Knee decisions — 2014

The Veteran's left knee disability, post-total knee replacement, is rated at 30 percent since May 1, 2006.

The Board granted service connection for chondromalacia of the left and right knees, assigning an initial 10 percent rating effective from June 17, 2007.

The Board has reopened the claims of service connection for low back and right knee disorders due to new evidence showing continuity of symptoms since service. The Veteran's current conditions are found to be related to his military service.

The Board denied the Veteran's claims for increased ratings and earlier effective dates for his service-connected disabilities, including obstructive sleep apnea, anxiety disorder, status-post PFPS of the left knee, GERD with irritable bowel syndrome, migraine headaches, and psoriatic arthritis.

The Board finds that the Veteran's current diagnosis of chronic degenerative joint disease of the left knee is service-connected as it is a natural progression of his in-service symptoms and history.

The Board found that the Veteran's osteoarthritis of the hips, shoulders, and knees did not have a nexus to his active service. The evidence does not establish a relationship between these conditions and his military service.

The Veteran's service-connected right knee disability has been manifested by pain and painful motion, with documented range of motion at worst from normal (0 degrees) on extension to 60 degrees on flexion. The RO denied a higher rating for the condition.

The Veteran's claims for service connection and increased evaluations were denied. The Board found no evidence of a superimposed disease or injury resulting in decreased visual acuity, and the criteria for a compensable evaluation for chronic allergies were not met.

The Veteran's appeal was denied as his conditions were found to be service-connected and not warranting an increased rating.

The Board has determined that the Veteran's current bilateral knee and hip disorders are related to his service, meeting the criteria for service connection.

The Board has remanded the case for further development and clarification of the Veteran's claims, including obtaining records from Presidio in San Francisco and determining whether he wishes to continue his appeal regarding left foot hyperemia.

The Board has determined that the Veteran does not have a current diagnosis of an ear, eye, migraine headache, fainting, or knee disability for which service connection can be granted based on direct service connection. The evidence is against finding any such disabilities were incurred during active service.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for further examination. The issues of service connection for bilateral knee disability, back disorder, and PTSD are being addressed.

The Board has reopened the Veteran's previously denied claim of service connection for an acquired psychiatric disability other than PTSD, to include paranoid schizophrenia and granted this claim on the merits.,However, the Board has denied the Veteran's claim of service connection for a bilateral knee disability.

The Board has decided to remand the case due to the need for a new VA examination and consideration of additional evidence.

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and likely etiology of the Veteran's claimed neck and right knee disorders.

The Board has reopened the claim of service connection for a right knee disorder and found new and material evidence to support it. However, there is no specific rating assigned or effective date provided in this decision summary as the issues are mixed (some granted, some not). The Veteran's claims for diabetes mellitus, bilateral hearing loss, and TDIU remain pending.

The Board found that there was clear and unmistakable error (CUE) in the June 2005 and March 2009 rating decisions, which resulted in improper disability ratings for the Veteran's knee and lumbar spine conditions. The RO then reduced these ratings to proper levels based on correct regulatory provisions.

The Veteran's appeal is being remanded to schedule a Board Videoconference hearing due to her request for such.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected bilateral knee disability is being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.