Knee decisions — 2015

The Veteran's claims for increased ratings and service connection were granted, with a 10 percent rating assigned for left knee patellofemoral pain syndrome. The claim of service connection for bilateral hearing loss was reopened and granted. Other issues related to PTSD, foot disorders, neuropathy, headaches, low back disability, hip disabilities, and undiagnosed illnesses were also addressed.

The Veteran's service-connected left knee disability has been manifested by a non-compensable limitation of motion with pain during movement, and no lateral instability or recurrent subluxation throughout the appeal period. The criteria for an initial rating in excess of 10 percent have not been met.

The Veteran's appeals for increased ratings for his service-connected PTSD, right knee degenerative joint disease with scar, left knee injury with instability and scar, and left knee degenerative joint disease status post surgical repair have been dismissed due to the Veteran's withdrawal of these claims.

The appeal is being remanded due to an equipment malfunction during the Veteran's videoconference hearing. The Veteran will be scheduled for a new hearing before a member of the Board.

The Veteran's appeal includes multiple issues related to service connection for various conditions, as well as a claim for an increased disability rating and TDIU. The case is being remanded due to the need for a hearing before a Veterans Law Judge.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the Board to consider the merits of the claims.

The Veteran's current chronic service-connected knee disabilities require ongoing use of orthopedic appliances that tend to wear out his clothing, and the claim for a clothing allowance is granted.

The Veteran's right knee meniscectomy and osteoarthritis have been granted service connection, with a current rating of 10 percent for each condition.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the severity of his right knee, lumbar spine, and post umbilical hernia scar disabilities. The TDIU issue is also inextricably intertwined with the rating issues.

The Veteran's acquired psychiatric disorder, left foot and toe disorders, right knee disorder, and asthma are at least as likely as not related to her active duty service.

The Veteran withdrew her appeal for increased ratings and service connection claims.

The Board has reviewed the Veteran's claims for service connection for right knee chondromalacia and secondary to sensory deficit affecting the left lower extremity and traumatic arthritis of the lumbar spine. The evidence does not show a current right knee disability during service or as secondary to his service-connected lumbar spine disability.

The Veteran's right total knee arthroplasty has been rated at 60 percent since August 29, 2014. The Board granted a TDIU effective November 22, 2010.,The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board found that the Veteran's current back, bilateral knee, and neck disabilities were not incurred or aggravated by service. The preponderance of evidence is against a finding of a nexus between these conditions and his military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling new examinations, and determining the current severity of his bilateral knee disabilities and right clavicle disability. The Veteran's claim for service connection for a bilateral hand disorder will also be addressed.

The Board found that the Veteran's diagnosed cervical spine, lumbosacral spine, right shoulder, bilateral elbow, and bilateral knee conditions were not related to service or manifest within one year of separation. Therefore, service connection was denied for all issues.

The Board has granted a rating in excess of 20 percent for the Veteran's postoperative internal derangement of the right knee. The issue regarding reopening and granting service connection for the left knee disability, including as secondary to the service-connected right knee disability, is also granted.

The Board has reopened the Veteran's claim for service connection for a left knee disability and finds that it is related to his active duty service. The claim is therefore granted.

The Veteran's left knee disability, characterized by limitation of motion, has been rated at 10 percent since July 2012. The claim for an increased rating is granted.

The Board has determined that the Veteran's current bilateral knee disability and obstructive sleep apnea are related to his military service, warranting service connection for both conditions.