Knee decisions — 2015

The Veteran withdrew his appeal regarding the claims of entitlement to service connection for right knee injury and left knee injury.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals. The issues include service connection claims and an increased rating claim.

The Board has determined that additional development is required in order to properly adjudicate the Veteran's claims, including providing VA examinations and opinions for his foot, knee, hip, PTSD, and hearing loss disabilities.

The Board has determined that the Veteran's sleep apnea, tinnitus, bilateral hearing loss, and left knee disability had their onset in service. Service connection is granted for all four conditions.

The Veteran does not have a current disability of the knees and therefore, service connection for a bilateral knee condition is denied.

The Veteran's appeal is being remanded due to the need for additional VA examinations and treatment records, as well as issuance of a Statement of the Case regarding his claims for service connection for tinnitus and right knee disability.

The Board has remanded the case due to the need for additional development and consideration of all pertinent evidence, including VA treatment records since November 2014.

The Veteran's right and left knee chondromalacia have been rated at 20 percent each, the maximum schedular rating available for limitation of flexion or extension. The VA examinations showed that both knees had normal ranges of motion with no significant additional loss due to pain, weakness, fatigue, or incoordination.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Capital Regional Medical Center on September 6, 2012 is denied as the condition was not an emergency and no VA facility was feasibly available.

The Veteran's claim for service connection for a bilateral knee disorder is being remanded due to the need to obtain outstanding VA and private medical records.

The Board has remanded the case due to the need for a VA examination to determine the nature and etiology of the Veteran's claimed heart murmur with chest pain and left knee disability. The claims are currently pending.

The Veteran's left knee disorder is not service connected as it did not manifest during active duty or within one year of separation, and there is no evidence that the condition was caused by a qualifying chronic disability to include an undiagnosed illness. The Board also found no secondary service connection based on his service-connected left ankle disability.

The Veteran's appeal was granted, with the initial rating for left knee chondromalacia being increased to 30 percent effective May 21, 2012. The Veteran's claim for a separate disability rating for a left knee medial meniscal tear prior to May 21, 2012, and an increased rating in excess of 20 percent thereafter was also granted.

The Board has determined that the Veteran's current right knee disorder, diagnosed as degenerative joint disease, can be reasonably disassociated from his active duty service. However, the left shoulder disorder is related to his military service.

The Veteran's claim for a TDIU remains on appeal due to the need for further medical examination and development of records. The Board is remanding the case back to the AOJ for additional actions.

The Board denied a rating in excess of 10 percent for chronic synovitis of the right knee and remanded the claim for entitlement to a separate rating for dislocated semilunar cartilage associated with service-connected right knee disabilities. The issue of TDIU was also addressed.

The Veteran's claims for service connection for left hip and left knee disabilities, including gouty arthritis, were denied as there is no evidence of a nexus between the current diagnoses and his military service.

The Board found that the Veteran's right knee disorder is not causally or etiologically related to his service and denied his claim.

The Board denied entitlement to separate compensable evaluations for right and left knee instability and dislocation of semi-lunar cartilage prior to March 24, 2014 based on the lack of credible evidence of instability or dislocation in these knees during that period.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting VA examinations to determine the nature and etiology of his claimed disabilities.