Knee decisions — 2015

The Veteran's service-connected disabilities, including posttraumatic seizure disorder, hypothyroidism, right and left knee chondromalacia, do not render her unable to obtain or maintain substantially gainful employment as a nurse.

The Board has determined that the Veteran's left hip and left knee disorders are not service-connected, as there is no evidence of a direct connection to his service or a service-connected disability.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for a right knee disability.

The Veteran's right knee disorder, including degenerative knee disease, was granted service connection with a 10 percent rating effective from March 17, 2009. The case is REMANDED for issuance of a statement of the case on the issue of entitlement to an initial rating in excess of 10 percent.

The Veteran's appeal was denied for entitlement to increased ratings for her service-connected left knee disability, right rotator cuff tear and repair with osteoarthritis, and residuals of a Baker's cyst of the left knee. The appeals were not granted as the current evaluations adequately reflect the severity of these conditions.

The Board found no evidence of a current bilateral ear disorder related to the Veteran's active duty service and denied his claim for service connection. The issues regarding entitlement to service connection for bilateral ankle and knee disorders are remanded.

The Board has reopened the claim for service connection for a low back disorder and granted service connection. The Veteran's right and left knee disorders, recurrent cysts behind both ears (claimed as ear drainage from the back of the ears), and sleep disorder are not supported by evidence showing they were incurred in or aggravated by service.

The Board has remanded this case for further action, including scheduling a travel Board hearing. The Veteran's claims for service connection are not addressed in the decision.

The Board has reopened the Veteran's claim for service connection of a left ankle disorder and granted it. The remaining issues are addressed in the remand portion.

The Board has remanded the case for additional development due to the need for new examinations and clarification of previous opinions.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the criteria for TDIU.

The Board found no clear and unmistakable error in the September 1990 rating decision, but granted service connection for radiculopathy of the right lower extremity with an effective date of May 25, 2011. The Veteran's claims for right hip disability and left knee disability were not addressed as they were secondary to lumbar spondylosis.

The Board has determined that new and material evidence was received sufficient to reopen the previously denied claim of service connection for a left knee disability. The Veteran's left knee disability is found to be secondary to his service-connected right ankle disability, and thus service connection is granted.

The Veteran's claim for payment or reimbursement of medical treatment rendered at non-VA facilities is denied as the care was not rendered in a medical emergency and VA facilities were feasibly available.

The Board has remanded the case due to the need for a clarifying medical opinion regarding whether the Veteran's service-connected lumbar spine osteoarthritis caused or aggravated his current hip, shoulder, and knee disabilities.

The Board has found that the VA examinations were inadequate for adjudication purposes and remanded the case for further development. The Veteran's claim is now being returned to the AOJ for additional examination and consideration.

The Veteran's bilateral pes planus was incurred in service and is presumed to be related. The Board finds that the preponderance of evidence supports his claim for service connection for this condition.

The Veteran's gout with degenerative joint disease, bilateral knees with chondromalacia is currently rated at 40 percent since May 1, 2014. The Board finds that the criteria for a higher rating are not met.

The Veteran's claim for an increased rating for chondromalacia patellae of the left knee was granted, with a current evaluation of 10 percent. The claim for service connection for irritable bowel syndrome (IBS) including as due to an undiagnosed illness was also granted.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as the infection in his right knee was not caused by negligence or fault on VA's part.,Service connection for diabetes mellitus is granted based on presumed exposure to herbicides during service.