Knee decisions — 2015

The Board found new and material evidence since the February 2009 decision, reopening the claims for service connection of right and left knee disabilities. The Appellant's current degenerative joint disease is likely related to injuries sustained while in the military during her ACDUTRA service.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and records.

The Board has determined that the Veteran does not have a disability manifested by neck pain, left knee pain, right hip pain, or low back pain that had an onset in service or is otherwise related to service. As such, his claims for these conditions are denied.

The Veteran's right knee patellofemoral syndrome and instability were evaluated at a 10 percent rating throughout the appeal period.

The Board has restored the 10 percent rating for subluxation or instability of the right knee and granted a 30 percent rating effective February 15, 2015 for post-TKA right knee disability.

The Veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the claims.

The Board found that the Veteran's current left knee and low back disabilities were not caused or aggravated by his service-connected right knee disability, thus denying both secondary service connection claims.

The Board has determined that the Veteran's claimed conditions do not meet the criteria for service connection based on direct evidence or a presumption of service connection.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's current right knee and low back disabilities are proximately due to or aggravated by his service-connected left knee disability. The claims will be readjudicated after this development.

The Veteran's service-connected left knee disability is associated with painful motion of the joint, which warrants a 10 percent rating prior to November 1, 2013. On and after November 1, 2013, he is entitled to a 10 percent rating for limitation of extension.

The Board finds that the Veteran's lay statements indicating that he was diagnosed with polyarthritis in service are not supported by the medical evidence, and thus does not meet the second element of service connection (in-service event, injury or disease). As such, service connection for the claimed disabilities is denied.

The Veteran's appeal is remanded for additional development, including obtaining medical opinions regarding the etiology of his left knee and back disabilities. The claims will be readjudicated after this development.

The Veteran's right knee disability and diabetes mellitus have not been established as service-connected. The Veteran's diabetes mellitus is currently rated at 20 percent, which is the maximum rating available under the applicable criteria.

The Veteran's appeal includes claims for various conditions and disabilities, including increased ratings for lumbosacral strain and degenerative joint disease, service connection for PTSD, a bilateral knee and foot condition, depression, asthma, food poisoning, a gunshot wound to the left leg due to the right hand as secondary to bilateral hand condition, anxiety, a bilateral arm condition, a bilateral leg condition, a bilateral hand condition, hepatitis C, sleep apnea, urinary retention, and memory loss. The appeal is being remanded for scheduling a Travel Board hearing.

The Board has granted the Veteran's application to reopen his claim for service connection for bilateral knee osteoarthritis and finds that he is entitled to this benefit based on evidence showing a current disability, in-service injury, and a causal relationship between the two.

The Board has found that there are missing components necessary to adjudicate the Veteran's appeals, including a Statement of the Case (SOC) and VA Form 9. The case is REMANDED for further development.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for elevated liver enzymes, left ankle sprain (claimed as left ankle fracture), bilateral knee pain, and low back pain. However, the RO found no chronic residual disability related to these conditions during service.

The Board has remanded the case for additional development and review, including scheduling a hearing if requested by the Veteran.

The Veteran's appeal is being remanded for additional medical examination and opinion regarding his claims of service connection for various conditions, including Schwannomatosis, neurofibromatosis, nerve damage in the arms, legs, and neck, residuals of a knee tumor, skin disability, an acquired psychiatric disability, and memory loss. The Veteran's exposure to contaminated water at Camp Lejeune is being considered as part of his claims.

The Veteran's appeal has been dismissed as he withdrew his appeals in a letter dated May 2015.