Knee decisions — 2015

The Board has remanded the case for a VA examination of the left knee, updated VA treatment records to be obtained, and readjudication of the issues.

The Board has determined that the Veteran's low back and left knee conditions are service-connected, with the evidence being in equipoise on all material elements of the claims.

The Veteran seeks service connection for a right knee injury that occurred during active duty in 2002. The Board has determined that further examination is needed to determine the nature and etiology of his current right knee disability.

The Board has denied the Veteran's claim for an increased rating for his service-connected degenerative joint disease of the left knee, finding that the evidence does not support a higher rating. The claim for service connection for a back disability was reopened but remains denied.

The Veteran's appeal for service connection on multiple conditions was denied. The Board found that hyperlipidemia, a laboratory test result, is not a disability under VA law and therefore cannot be granted.

The Veteran's income exceeded the maximum annual limit for receipt of nonservice-connected disability pension and SMP on account of housebound status.,Based on the evidence, the Board found that the Veteran meets the criteria for an award of SMP based on the need for regular aid and attendance.

The Board has denied the Veteran's claims for service connection for a left knee disability, right knee disability, traumatic brain injury, unspecified depressive disorder, and an initial compensable rating for residual scars from a head injury. The issues of whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for a right knee disability and the claims for traumatic brain injury and unspecified depressive disorder are remanded.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to address the nature and etiology of his hypertension disability and the severity of his service-connected postsurgical scar of the left knee.

The Board has determined that the Veteran's appeal for increased evaluations for his bilateral knee disabilities, PTSD, hearing loss, and tinnitus have been withdrawn. The Veteran's service-connected left and right knee disabilities are currently evaluated as 20 percent disabling based on instability under Diagnostic Code 5257. Separate 10 percent evaluations are assigned for each knee due to arthritis with painful motion.

The Board has determined that the Veteran's right plantar fasciitis, bilateral hearing loss, and tinnitus are related to service. The right knee disability is not shown to be related to service.

The Board has determined that osteoarthritis of the right knee is etiologically related to service and grants service connection for this condition.

The Veteran's tinnitus is service connected. The right ankle and knee disabilities are being remanded for further examination, as the current opinions are based on inaccurate factual premises. The low back disability is also being remanded.

The Board has granted service connection for right and left knee disabilities, finding that the Veteran's current knee disorders are at least as likely as not related to his service-connected right hip disability.,Service connection is also granted for a left ankle injury residuals.

The Board denied the Veteran's claims for entitlement to service connection for bilateral ankle and knee disorders, as well as his claim for a bilateral leg disorder secondary to his service-connected lumbar spine disability.

The Veteran's PTSD is currently evaluated as 70 percent disabling, and his TDIU claim was denied due to the presence of nonservice-connected disabilities that preclude him from securing or following substantially gainful employment.

The Veteran's left knee disability is not shown to be causally or etiologically related to any disease, injury, or incident in service. The Board finds that the preponderance of evidence is against a finding of nexus between the Veteran's current left knee disability and his military service.

The Board found no evidence linking joint pain of the shoulders, knees, and back to service or any exposure to mustard gas or Agent Orange. The claim for service connection was denied.

The Veteran's initial ratings for her service-connected conditions were granted and assigned. The rating of 30 percent was maintained for eczema, increased to 30 percent for left knee patella medial/median facet cartilage degeneration with subchondral cyst as of December 15, 2014, and in excess of 30 percent from that date. A compensable rating was granted for status post vocal cord surgery with supraglottis, but not for left shoulder subdeltoid bursitis with posterior-superior impingement, fracture of the fifth left toe, or excision of soft mass tissue and bone fragments from the right foot. The Veteran's nevus of Ito was assigned a 10 percent disability rating.

The Board has determined that the Veteran's osteoarthritis of the bilateral knees and degenerative joint disease of the lumbar spine were not incurred or aggravated by service, and thus denied both claims.

The appeal is being remanded to obtain and associate with the claims file the Veteran's complete service personnel records, as well as any ongoing treatment records. The VA will also provide the Veteran with a VA examination to determine the origins or etiology of all current psychiatric disorders, incontinence/chronic bladder disorder, left shoulder disability, left elbow disability, bilateral knee disabilities, and low back disability.