Knee decisions — 2015

The Board has granted service connection for bilateral meniscus tears of the knees, finding that they were incurred in active service.

The Board found no evidence of a current right knee disability that is related to service, and thus denied the Veteran's claim for service connection.

The Veteran withdrew his appeal for the issues of entitlement to a disability rating in excess of 10 percent for spondylosis, L-5 vertebra, with degenerative disc disease at L4-5 and L5-S1, prior to September 24, 2009, and entitlement to a disability rating in excess of 20 percent for spondylosis, L-5 vertebra, with degenerative disc disease at L4-5 and L5-S1, after September 24, 2009.

The Veteran's service-connected disabilities, including PTSD, left and right knee disabilities, shoulder disabilities, cervical spine disability, and other conditions, collectively preclude him from securing and maintaining substantially gainful employment. The Board finds that the evidence is at least in equipoise regarding his employability.

The Board has granted service connection for a low back disorder and increased ratings for right knee degenerative joint disease, left knee osteoarthritis, and instability of the left knee. The Veteran's claim for total disability rating based on individual unemployability is also addressed.

The Veteran's right and left hip disorders, bilateral pes planus, right shoulder disorder, right knee disorder, and left knee disorder are all found to be related to his military service.

The Veteran's service connection claim for sleep apnea is granted, as the Board finds that his current diagnosis of sleep apnea had its onset during his military service. The reduction in rating for status post fracture, left 5th finger was not proper.

The Board has remanded the case for additional development to obtain relevant records from the Veteran's service in the Navy Reserve and any treatment records at the Miramar Naval Hospital. The claims will be readjudicated after these actions.

The Veteran's service connection claim for left elbow arthritis is granted. However, the claim for a left knee torn meniscus, to include as secondary to his service-connected ankle disability, is denied.

The Board has granted service connection for the Veteran's L3-L4 and L4-L5 disk herniation as secondary to his service-connected bilateral knee disabilities. The Veteran's right knee degenerative changes, residuals of right knee injury status post ACL reconstruction, and residuals of donor site surgery of the left knee with chondromalacia patella are also service connected.

The Board has denied the Veteran's claims for service connection for tinnitus, left knee disability, right knee disability, and back disability. The evidence does not support a finding that these conditions are related to service.

The Veteran's appeal is being remanded for additional development, including a new VA examination and review of his vocational rehabilitation file. The TDIU claim will also be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's appeal includes claims for increased ratings and a TDIU. The Board has determined that the TDIU claim is inextricably intertwined with his right knee disabilities, which require additional VA examinations to assess their current severity.

The Veteran is seeking service connection for a left knee disability, primarily as secondary to his service-connected right foot injury. The case has been remanded for additional development including obtaining medical records and scheduling the Veteran for a VA examination.

The Board has granted service connection for bilateral hearing loss, tinnitus, tricompartmental osteoarthritis of the left knee with a degenerative meniscal tear, and degenerative joint disease and degenerative disc disease of the lumbar spine. The cervical spine disability claim is dismissed due to withdrawal by the Veteran. The right knee disorder claim is remanded for additional development.

The Veteran's service-connected degenerative disc disease, right and left knee degenerative joint disease, and bilateral plantar fasciitis and pes planus are all rated as of April 15, 2010. Effective June 23, 2007, the Veteran is entitled to separate 10 percent ratings for his knees. Prior to that date, he was granted a 10 percent rating for bilateral plantar fasciitis and pes planus.

The Board has determined that the Veteran's osteoarthritis of the right and left knees is not related to his active service, nor may it be presumed to be related. The claims for service connection are therefore denied.

The Board has decided to remand the case for additional development, including obtaining an addendum medical opinion from a VA examiner regarding the nature and etiology of the Veteran's low back disability and bilateral knee disability.

The Board has reopened the Veteran's claim for service connection for a bilateral knee condition as secondary to service-connected disability of bilateral pes planus or service-connected bilateral ankle disability. However, additional development is needed due to inadequate opinions in the July 2012 VA examination and August 2012 supplemental opinion.

The Veteran's claims for service connection for bilateral plantar fascitis, low back disorder, bilateral knee disorder, and bilateral shin splints were denied as there is no current diagnosis of these conditions.