Knee decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and seeking Social Security Administration disability benefits records. The medical opinion regarding the relationship between his in-service cellulitis and current left knee condition will also be obtained.

The Veteran's private medical treatment for right knee pain and arthritis was not authorized by VA, and the Board finds that it did not meet the criteria for reimbursement under 38 U.S.C.A. § 1725 or 38 C.F.R. § 17.1000-1008.

The Veteran's acquired psychiatric disorder is related to his service-connected sleep apnea. The claim for a right knee disability was denied as new and material evidence had not been submitted.

The Veteran's burn scars are rated at 10 percent, and his migraine headaches have been increased to 30 percent. The Board denied service connection for the remaining conditions.

The Board has remanded the claims of entitlement to service connection for a right foot disorder and entitlement to a rating higher than 10 percent for the left knee disability (strain) since July 23, 2008 due to inadequate VA examination reports. Additional development is required.

The Board has remanded the case for additional development, including a new VA examination to assess the current severity of the Veteran's service-connected low back disability and left knee degenerative joint disease. The effective date for the grant of service connection for left knee degenerative joint disease is also being addressed.

The Board has remanded the case for additional development due to incomplete rationale in a previous VA opinion regarding the Veteran's leg length discrepancy and its relationship to his service-connected right knee disability, as well as the potential aggravation of other disabilities.

The Board has determined that the Veteran's low back and left thigh disabilities are not service-connected, as there is no evidence of a nexus between these conditions and his military service. The VA medical opinions provided significant weight to the conclusion that any current low back or left thigh disability is less likely caused by or aggravated by his service-connected bilateral knee and ankle disabilities.

The Veteran's service-connected residuals of a right knee injury are currently rated at 10 percent, but the Board finds that there is no evidence of more than slight instability warranting a higher rating under Diagnostic Code 5257.,Regarding her low back disability, the Board concludes that it is not related to service or any service-connected condition.

The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) was granted effective January 6, 2011. The criteria for TDIU were met as the Veteran's service-connected disabilities rendered him unable to work at his previous job due to health issues.

The Veteran's claim for a higher rating for his right knee disorder, excluding instability, was denied. The issue of compensable rating for instability prior to December 5, 2012 and a higher than 20 percent rating from that date forward is also denied.

The Board has determined that the Veteran's left knee arthritis is not related to service and therefore denied his claim for service connection.

The Veteran's left shoulder chronic tendonitis and chondromalacia of the left knee were rated at 20 percent each, effective August 2, 2012. The claim for TDIU was not addressed as it is considered part of his increased rating claims.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and Social Security Administration (SSA) disability decisions. The Veteran will be provided an opportunity to respond to this supplemental statement of the case.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,For her claim of service connection for feminine problems, to include tubal ligation and unusual menstrual cycles, the Board finds that she has submitted sufficient evidence to reopen her claim.

The Veteran's left knee arthritis and instability are currently rated as 30 percent disabling, but the Board finds that a higher rating is not warranted.

The Veteran is entitled to a TDIU on an extraschedular basis from June 5, 2006, but not before. He also meets the criteria for a TDIU from January 1, 2009, following a temporary total rating period.

The appeal is being remanded due to the need for additional development and consideration of the Veteran's claims, including a new opinion on the etiology of his bilateral knee degenerative joint disease.

The Veteran's claims for service connection for a right knee disorder and increased ratings for hypertension and pseudofolliculitis barbae were denied. The Veteran is not shown to have a current chronic right knee disability, and his hypertension does not meet the criteria for an increased rating.

The Veteran's left knee disorder is being remanded for additional development to determine its etiology and whether it is related to his military service, including any injuries sustained during helicopter jumps.