Knee decisions — 2015

The Veteran's claims for increased ratings for his service-connected knee disabilities and depression, as well as his claim for a total disability rating based on individual unemployability are being remanded due to incomplete development.

The Veteran's claim for an increased rating for left knee ACL tear was denied. The issue of whether the recoupment of disability severance pay through withholding of VA disability compensation benefits in the amount of $11,208.60 was remanded.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, diabetes mellitus, diabetic retinopathy, a left knee disorder, and a right hip disorder. The Board found that these conditions were not incurred or aggravated by military service.

The Board has determined that the Veteran's current right thumb, lumbar spine, and right knee disorders are related to his service-connected left knee internal derangement. The Veteran is therefore granted service connection for these conditions.

The Veteran's appeal has been remanded for additional development, including scheduling VA examinations and readjudication of the claims.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to address his back disability and right knee injury with osteoarthritis. The issue of TDIU has also been raised by the record.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional development.,The Veteran's claims for increased evaluations of his left knee disability and low back injury with paravertebral myositis remain pending before the Board as less than the maximum benefit available was granted in a previous decision.,The Veteran is seeking service connection for diabetes mellitus, which may be related to elevated blood sugar levels prior to separation from active service. Further development including VA examination and obtaining medical records are required.,The Veteran's claims for service connection of radiculopathy of the bilateral lower extremities, peripheral neuropathy of the bilateral upper extremities, and erectile dysfunction remain pending before the Board as less than the maximum benefit available was granted in a previous decision. Further development including VA examination is required.,The Veteran's claims for service connection of peripheral neuropathy of the bilateral upper extremities and erectile dysfunction are intertwined with his claim for diabetes mellitus. Further development including VA examination is required.,The Veteran's claims for service connection of radiculopathy of the bilateral lower extremities, peripheral neuropathy of the bilateral upper extremities, and erectile dysfunction remain pending before the Board as less than the maximum benefit available was granted in a previous decision. Further development including VA examination is required.

The Veteran's claims for service connection for chronic right ankle sprain, and entitlement to compensable disability ratings for pseudofolliculitis barbae, right knee patellofemoral syndrome, and left knee patellofemoral syndrome have been denied. The Board found no evidence of a current right ankle disability or any in-service injury that could be linked to the Veteran's current conditions.

The Veteran's claim for increased ratings and service connection for various conditions, including lumbosacral strain/sprain, sleep apnea, hypertension, left knee disorder, erectile dysfunction, and urinary leakage, was denied. The rating assigned for the lumbosacral strain/sprain remains at 10 percent.

The Board has denied the Veteran's claim for service connection for a left knee disability and tinnitus. The decision on the left knee disability is final, while the tinnitus issue remains pending.

The Veteran's right knee disability is currently rated as 10 percent disabling effective May 6, 2013. The RO has granted an initial compensable evaluation for his service-connected right knee contusion.

The Board has remanded the case for further procedural action regarding whether new and material evidence has been received to reopen service connection for a left knee disorder. The initial rating for bilateral hearing loss is also being remanded due to incomplete VA treatment records.

The Veteran's claim for an annual clothing allowance due to his service-connected low back pain and patellofemoral syndrome of bilateral knees was denied as the braces he uses do not tend to wear or tear his clothing.

The Board has determined that the Veteran's tinnitus, right hip disorder, bilateral knee osteoarthritis, and thoracolumbar spine disorder are related to his service-connected toe fractures. The claims for these conditions have been granted.

The Board found that the Veteran's right knee disability is not proximately due to or aggravated by his service-connected left knee condition.

The Board has determined that the Veteran's bilateral knee disabilities, diagnosed as DJD, did not manifest within one year of separation from service and are not otherwise related to his active duty service.

The Board found that the Veteran does not currently have a right knee disability or tinnitus, and her current diagnosed conditions are not related to her active service.,The Veteran's claims for service connection for a right knee disability and tinnitus were denied as there is no evidence of a current diagnosis.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for temporomandibular joint dysfunction prior to October 22, 2014 or since then, and denied service connection for bilateral hearing loss, left knee disorder, and high cholesterol.

The Veteran's left knee disability is rated at 10 percent, the maximum schedular rating available. The Board found that his symptoms do not warrant a higher evaluation based on limitation of motion or functional loss.

The case is being remanded for additional development to address the Veteran's claims of service connection and increased ratings for his knee and ankle disabilities.