Knee decisions — 2016

The Board has determined that the Veteran's claimed right shoulder, bilateral knee, and toe disorders are not service-connected as they did not manifest during her military service or within one year of separation. The gynecological disorder is also not service-connected.

The Veteran's claims for increased ratings and initial evaluations in excess of 10 percent for his service-connected bilateral knee conditions were denied. The Board found that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding treatment records and a VA examination to assess the severity of his service-connected gunshot wound, left knee degenerative joint disease, and left ankle degenerative joint disease.

The Veteran's additional disabilities, including dermatitis of the hands, back pain, right leg pain, and an acquired psychiatric disorder, are not service-connected as a result of VA treatment for his total knee arthroplasty. The Board finds that there is no legal basis to consider these conditions secondary to residuals of right total knee arthroplasty.

The Board has denied the Veteran's claims for service connection for rheumatoid arthritis and a right knee disability, as well as his claim for nonservice-connected pension benefits due to excessive income.

The Board has remanded the Veteran's claims for an increased rating on an extraschedular basis due to marked interference with employment and frequent periods of hospitalization.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA examination reports.

The Board found that the Veteran's right and left knee disabilities do not warrant a rating higher than 10 percent, as there was no evidence of limitation of motion or instability.

The Veteran's claim for an increased rating for his service-connected left knee disability was denied as the evidence did not show that his condition warranted a higher evaluation.

The Veteran is granted increased ratings for his service-connected peripheral neuropathy of the upper and lower extremities, as well as neuropathic arthropathy of the left knee. The highest rating assigned was 40 percent for the right upper extremity from September 11, 2015.

The Veteran's appeal is being remanded for additional development, including new examinations and consideration of his claims for service connection and increased evaluation.

The Board has reopened the Veteran's claim for service connection of a left knee disability, but denied the underlying claim as the evidence does not establish that his current condition is related to military service.

The Board denied the Veteran's claims for service connection for a right shoulder condition, tinnitus, and an initial compensable rating for left knee scar. The evidence did not support finding a nexus between any of these conditions and service.

The Veteran's service connection claims for osteoarthritis of the right and left knees are granted. The claim for an initial compensable disability rating for bilateral hearing loss is dismissed.

The Board has determined that the Veteran's deviated nasal septum, obstructive sleep apnea, left knee injury, low back disability (claimed as secondary to a left knee injury), right shoulder disability (claimed as right shoulder bursitis), and bilateral hearing loss are all service-connected.

The Veteran's claim for a separate rating for his knee condition secondary to the ankle condition was denied. The right ankle disability is rated at 30 percent from October 1, 2014 onwards.,The Veteran's migraines are rated at 50 percent and granted TDIU based on this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and SSA records.

The Board has denied the Veteran's claims for service connection for right shoulder, right knee, and left knee disabilities. The March 2014 VA examiner concluded that the current right shoulder impingement is not related to his service.

The Board denied the Veteran's claims of service connection for prostate cancer, polycythemia, residuals of frostbite of upper and lower extremities, degenerative disc disease of lumbar spine, right knee disability, and left knee disability. The reasons were that there was no evidence of exposure to Agent Orange or asbestos in service, and the current conditions did not meet the criteria for direct service connection.

The Veteran's left knee degenerative arthritis has been manifested by full extension and at least 130 degrees of flexion. The Board found that the disability did not meet or approximate the criteria for a higher rating.