Knee decisions — 2015

The Veteran's service-connected right and left foot bunion/hallux valgus disabilities are manifested by painful motion, difficulty with sustained periods of standing or any weight-bearing of the feet.,For the period prior to July 17, 2015, the Veteran's allergic rhinitis is manifested by difficulty breathing through the nose and other allergy symptoms, with objective evidence of greater than 50 percent obstruction of her nasal passage on both sides. From July 17, 2015, the Veteran's allergic rhinitis is manifested by difficulty breathing through the nose and other allergy symptoms, with credible objective evidence of nasal polyps.

The Board has denied the Veteran's claims for service connection for right leg, low back, and right foot, ankle, or knee disabilities as well as chronic prostatitis due to herbicide exposure.,Service connection was not granted for any of these conditions.

The Veteran seeks higher ratings for his service-connected left thumb amputation and re-implantation with nerve sensory loss, and left knee strain. The Board finds a contemporaneous VA examination is warranted to determine the current severity of these disabilities.

The Veteran's service-connected cervical spine disability, right knee gunshot wound residuals, and left knee gunshot wound residuals were all granted initial ratings. However, the Veteran did not receive higher initial ratings for his cervical spine disability or right knee gunshot wound residuals.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a psychiatric examination to determine the etiology of any acquired psychiatric disorder. The right knee disability issue will also be addressed.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims of entitlement to service connection for various conditions, but the Veteran does not have posttraumatic stress disorder related to an in-service stressor. The claims are denied as a result.

The Veteran's service connection claims for various conditions, including cholecystectomy residuals, GERD, depression, knee disabilities, respiratory disorder, allergic rhinitis, sleep apnea, hemorrhoids, skin disability, traumatic brain injury residuals other than headaches, headaches, right eye trauma residuals, dry eye syndrome, and erectile dysfunction are all granted.,The Veteran's service connection claims for obstructive sleep apnea, headaches, dry eye syndrome, and erectile dysfunction were found to be related to his active duty service.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current knee disabilities, including those related to service. The Veteran's claims for service connection will be remanded for this purpose.

The Veteran's claims for higher ratings for his right distal tibia fracture and right knee disability have been granted, with a rating of 10 percent each. The claim for scars has also been granted.

The Veteran's claims for service connection for a traumatic brain injury, fatigue, respiratory condition, acquired psychiatric disorder (PTSD, depressive disorder, mood disorder), coronary artery disease, left knee disability, and left shoulder disability have been denied. The decision does not address the Veteran's claim of entitlement to service connection for fatigue.

The Board has found that the Veteran's cervical degenerative changes are at least as likely as not related to his military service, warranting service connection. The remaining claims for bilateral knee and shoulder conditions, back condition, and sleep apnea require additional development.

The Board has reopened the claims for service connection for sleep apnea, right and left knee disabilities, and right and left foot disabilities. The new evidence received includes VA clinical records indicating a current diagnosis of sleep apnea and bilateral knee arthritis, but does not establish that these conditions are related to military service.

The Veteran's claims of service connection for bilateral hearing loss and tinnitus were denied in the August 1994 rating decision. The AOJ also denied his claim for an initial disability rating in excess of 10 percent for DJD, right knee and left knee, as well as his petition to reopen the claims seeking service connection for post phlebitic syndrome of the left leg. His claim for compensation under 38 U.S.C.A. § 1151 for post phlebitic syndrome of the left leg was granted in August 2012 with an effective date of July 2, 2002.

The Veteran's service-connected conditions have been rated at the maximum available rating of 30 percent for each condition, with no additional compensable ratings assigned.

The Board has remanded the case for a new VA opinion regarding the relationship of the Veteran's current foot disorders to service. The remaining claims are inextricably intertwined with the issue of entitlement to service connection for a bilateral foot disorder and cannot be adjudicated at this time.

The Veteran's appeals have been withdrawn prior to the Board issuing a decision.

The Veteran's claim for a rating in excess of 10 percent for his service-connected post-operative residuals of lateral anterior cruciate ligament reconstruction of the left knee, including left knee osteoarthritis, was denied as he failed to report without good cause to scheduled VA examinations.

The Board denied the Veteran's claim for a total rating based upon individual unemployability due to service-connected disabilities (TDIU). The case was remanded multiple times, but ultimately the TDIU claim was denied.

The Board has granted the Veteran's claim for service connection for a left knee disability, which is secondary to his service-connected low back disability.

The Veteran's appeal is being remanded due to incomplete VA records and the need for additional development of his claims, including a psychiatric disorder claim.