Knee decisions — 2015

The Board has determined that the VA examinations and opinions are inadequate for the issues of PTSD, arthritis of the neck, low back, and left side, cervical radiculopathy of the left upper extremity, right knee disability, headaches, hearing loss, a disability to account for joint and body aches, and sore throat. The claims are being remanded for further development.

The Board denied a rating in excess of 20 percent for the Veteran's right knee disability.

The Board denied the Veteran's claims of service connection for a right knee disorder and a right ankle disorder, finding that there was no evidence of current disabilities or in-service incurrence/aggravation.

The Board denied the Veteran's claims for increased ratings and TDIU, as well as his 1151 claim. The depression rating was denied prior to May 11, 2012, and after that date it was denied at a higher level. The left knee meniscus tear and arthritis were also denied with the appropriate disability ratings. The right shoulder impingement claim was not reopened due to lack of new and material evidence.

The Board found no evidence to support service connection for diabetes mellitus, sleep problems (including snoring with sleep apnea), restless leg syndrome, fractures, or arthritis (other than of the back and knees). The Veteran's STRs were silent for these conditions. Post-service treatment records showed current diagnoses but did not establish a link to service.

The Board has determined that the Veteran's right knee disability, including a right knee strain, meniscal tear, and bone contusion with cyst, is related to her INACDUTRA period of service. The acquired psychiatric disorder, including PTSD and depression, is found to be related to her military service.

The Board has remanded the case due to the need for additional service treatment records and VA treatment records, including a joints examination from August 2013 and VA treatment notes from November 2009 to August 2013. The Veteran's claim will be readjudicated based on this new evidence.

The Veteran's claims for increased ratings and service connection were denied. The claim to reopen a left knee disorder was reopened, but the new evidence did not meet the criteria for reopening.

The Veteran's left knee disability has been rated at 10 percent since July 2009, with a separate 10 percent rating for instability. The claim for TDIU based on service-connected disabilities is granted.

The Veteran's claims for bilateral pes planus, left knee pain, and bilateral ankle sprains were denied as they are not related to service. The claim for increased evaluation of migraines prior to March 4, 2013 was also denied.

The Veteran's claim for a higher rating for his right knee disability is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's left knee disorder was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The criteria for a rating in excess of 10 percent for hemorrhoids have not been met.

The Board has determined that the Veteran's current right knee arthritis is related to his military service and grants the claim for service connection.

The Veteran's claim for service connection for a right knee disability is being remanded due to the need for additional medical examination and opinion.

The Board denied the Veteran's claims for service connection for GERD, right shoulder disability, low back disability, and knee disabilities. The Board found that there was no evidence of a chronic right shoulder or low back disability in service or within one year after service separation. The current diagnoses were not related to service.

The Board has granted service connection for an acquired psychiatric disorder, to include depressive disorder. The claims of service connection for a low back disability, joint pain, hepatitis C, and tinea pedis are remanded.

The Veteran's PTSD is rated at 70 percent, and he has been granted a TDIU since August 15, 2011. He also qualifies for SMC at the housebound rate due to his service-connected disabilities.,Effective from August 15, 2011, the Veteran's other service-connected conditions (PTSD, amputations, radiculopathies, spinal stenosis, and hand residuals) combine to meet or exceed a combined rating of 70 percent.

The Veteran's service connection claims for an angioplasty with stent placement of the left distal extracranial internal carotid artery, low back pain and arthritis, and patellar spur of the right knee were denied as her conditions are not shown to be causally or etiologically related to service.

The Board has determined that there is no current diagnosed disability of the Veteran's right or left leg/knee, and thus service connection for these conditions cannot be granted. The claim for bilateral foot disabilities was remanded but an addendum opinion is needed to determine if any current disability exists.

The Board has remanded the TDIU issue due to a lack of SSA records and for consideration under 38 C.F.R. § 4.16(b) given the Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment.