Knee decisions — 2015

The Board has determined that the Veteran's right knee disability is service-connected due to objective indications of a qualifying chronic disability manifested by consistent and competent reports of chronic right knee pain with painful motion, which has existed for more than six months. The Veteran also has other qualifying chronic disabilities such as sleep apnea.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's bilateral knee and hip disorders are related to his military service.

The Board found that the Veteran's current right knee disability is not related to his service, and denied his claim for service connection.

The Veteran's claims for service connection for right knee disorders, left knee disorders, and bilateral hearing loss are being remanded due to the need for additional medical examination and development.

The Board has denied the Veteran's claims for service connection for left knee, lumbar spine, right great toe and Morton's neuroma of the left foot disabilities as secondary to his service-connected partial tear of the left Achilles tendon. The most probative evidence does not support a finding that these conditions are related to service or his service-connected condition.

The Veteran's tinnitus is service-connected. The psychiatric, low back, elbow, and knee disorders are not service-connected.

The Veteran's combined disability rating has been at least 80 percent throughout the pendency of the claim, and he has met the schedular criteria for a TDIU rating. The appeal as to higher ratings for intervertebral disc syndrome and bilateral hearing loss is dismissed.

The Board denied the Veteran's attempt to reopen her claim for service connection for a bilateral foot disorder, finding that new and material evidence had not been submitted.

The Veteran's appeal is remanded due to concerns about the adequacy of a previous VA examination and reported worsening of his right knee disability. He must be scheduled for another VA examination.

The Veteran's right knee disability is not service-connected as there is no evidence of a current disability and the earliest post-service clinical evidence is more than eight years after separation from service.,The Veteran's right wrist disability (Carpal Tunnel Syndrome) is not service-connected as there is no evidence of a current disability and the earliest post-service clinical evidence is more than three decades after separation from service. The Veteran does not have a history of surgery or in-service injury that would support this diagnosis.

The Board has determined that the Veteran's service-connected disabilities are of such nature and severity as to preclude him from securing or maintaining substantially gainful employment, warranting a TDIU rating.

The Board found that the Veteran's left knee disability, including medial collateral ligament laxity, degenerative joint disease, total left knee arthroplasty (TKA), and adhesive capsulitis post-TKA, did not clearly and unmistakably pre-exist service. The evidence does not support a finding of aggravation during service or any other connection to military service.

The Board has determined that the Veteran's left and right knee disabilities are service-connected as they were first manifested during active duty.

The Veteran's claims for increased ratings for his right shoulder and knee conditions have been granted, with the right shoulder receiving a temporary evaluation of 100 percent from July 28, 2014 to October 1, 2014, followed by a permanent rating of 20 percent. The lumbar strain has also received an increased rating.

The Veteran's case is being remanded for additional development to clarify his military service in 2001, obtain medical records from Phoenix Pain Medicine, and provide addendum opinions regarding the etiology of his cervical spine disorder, lumbar spine disorder, and knee disorders.

The Board denied the Veteran's claims for increased ratings for his service-connected disabilities, including bilateral hearing loss, anxiety disorder, degenerative disc disease of the lumbar spine, patellofemoral syndrome of the knees, radiculopathy of the lower extremities, and headaches. The appeals were decided as denied.

The Veteran's claims for service connection and increased rating for his knees are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's left knee disability is currently rated as 10 percent disabling. The Board found that the criteria for a higher rating were not met, and thus denied his claim for an increased rating. For his low back disability, the Board noted that prior to October 24, 2014, the criteria for a higher rating were not met (10 percent), but beginning on that date, the criteria for a 40 percent rating were approximated. The Veteran's TDIU claim was also addressed and found to be granted.

The Veteran's appeal is being remanded to obtain additional development, including the assembly of medical records and a VA examination.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. However, his claims for diabetes mellitus, type II and obstructive sleep apnea remain denied as there is no direct or presumptive evidence linking these conditions to service.