Knee decisions — 2015

The Veteran's depressive disorder is found to be at least in part due to his active service. However, there is no evidence of a chronic disability resulting from numbness of the bilateral upper extremities or left knee disorder during service and it is not otherwise etiologically related to such service. The bladder disorder was also not incurred in or aggravated by active service.

The case is being remanded for a VA examination to evaluate the Veteran's right knee disability and for readjudication of his claim.

The Veteran's claims for service connection for low back, cervical spine and bilateral knee conditions are being remanded due to inadequate opinions from the VA examiners. The case will be returned to the Board for further review.

The Veteran's major depressive disorder is found to be caused by his service-connected disabilities, and the claim for medical care under 38 U.S.C.A. § 1702 for an acquired psychiatric disorder is moot.

The Veteran's service connection claims for various disabilities, including acquired psychiatric disorder, acid reflux, bilateral knee condition, tinnitus, left ear hearing loss disability, DJD of the lumbar spine, and radiculopathy of the bilateral lower extremities have been granted. The effective date is not specified.

The Board has determined that the Veteran's lumbar degenerative disc disease was incurred in service and granted service connection. The other issues on appeal are pending further development.

The Veteran's left knee disability was rated at 10 percent prior to January 6, 2014 and granted a higher rating of 30 percent beginning March 1, 2015 for his service-connected left total knee replacement.

The Board found that the Veteran's bilateral tinnitus did not result from in-service noise exposure and thus denied his claim for service connection. His claims for chloracne were also denied due to lack of evidence of current diagnosis or association with service. Service connection was granted for DJD of both knees, but only at a noncompensable rating.

The Board denied service connection for headaches, memory loss, and shortness of breath as they were not found to be directly related to the Veteran's military service.

The Veteran's claims for increased ratings and a compensable rating are being remanded due to the need for additional examinations.

The Veteran's service-connected disabilities, including PTSD and depressive disorder, sciatic radiculopathy of the right and left lower extremities, intervertebral disc syndrome (claimed as low back condition), scars, degenerative joint disease of both knees, degenerative arthritis of the right shoulder, hypertension, tinnitus, bilateral nasal pinquecula with dry eyes, hernia, ear pain, and erectile dysfunction, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that his service-connected disabilities alone are at least in equipoise as to whether he is unable to obtain or maintain such employment.

The Veteran's bilateral knee and shoulder disabilities were not incurred in service, and may not be presumed to have been incurred therein. The VA denied the claims for service connection.

The Veteran's left knee DJD was rated at 30 percent from May 1, 2007 to February 18, 2009. Since April 1, 2010, the Veteran's service-connected status post arthroplasty total left knee replacement residuals have been rated at 30 percent.

The Veteran's scars associated with service-connected bilateral hammertoes and right knee injury have been rated as 20 percent disabling since March 2003. The Board denied an increased rating for these scars.

The Veteran's lumbosacral disc disease and right knee degenerative joint disease are rated at 40 percent each, effective from the date of the decision.

The Veteran's appeal is remanded due to insufficient evidence regarding the relationship between his service-connected flat feet and his current bilateral knee disability. A new VA examination is needed to determine if there is a direct causal link or if the disabilities are secondary to his service-connected condition.

The Board has granted service connection for right and left knee disabilities, including arthritis and patellar tendinitis, based on the presumption of service connection due to chronicity in service and continuity since separation.

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of new evidence. The issues include service connection, depression ratings, lumbar spine, right lower extremity neuropathy, cervical spine, and right knee disabilities.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, which has been granted.

The Veteran's claim for service connection for PTSD was denied. The claims of entitlement to increased evaluation for right knee disability and TDIU are pending.