Knee decisions — 2016

The Board has granted service connection for right and left knee disorders, as well as headaches. The initial ratings for lumbar spine and bilateral eye disabilities are still pending.

The Veteran's appeal for service connection for left and right knee disabilities has been withdrawn by the appellant's attorney before a decision was made.

The Veteran's appeal is denied as her claims for increased ratings and TDIU prior to July 10, 2015 are not supported by the evidence of record.

The Veteran's appeal for service connection of left knee degenerative joint disease has been dismissed due to his death.

The Board denied the Veteran's claims for effective dates prior to January 14, 2010, for the grant of service connection for various conditions due to a lack of evidence showing she filed her formal application for benefits within one year after receiving the initial request.

The Board has reopened the Veteran's claim of service connection for a right knee disability and finds that new and material evidence has been submitted. The Veteran's pre-existing right knee condition was aggravated by in-service activities, resulting in current disability. Service connection is granted for this condition. Additionally, the Board finds that the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD.

The Veteran's appeal involves multiple issues including increased ratings for various knee conditions, arthritis, and Bell's palsy. Additionally, the Veteran seeks service connection for an acquired psychiatric disorder, bilateral hammer toe, gastroesophageal reflux disease (GERD), hypertension, left ankle arthritis, lumbar spine disorder, asthma, and hepatitis C. The appeal is being remanded to allow for a new hearing before a different Veterans Law Judge.

The Veteran's appeal is being remanded to obtain an opinion regarding whether his knee disabilities are secondary or aggravated by his service-connected back disability.

The Veteran's left knee degenerative joint disease prior to February 18, 2009 was manifested by symptoms including pain and stiffness with full extension. The flexion did not go below 60 degrees.

The Veteran's service-connected conditions do not render him unable to maintain gainful employment prior to March 12, 2015. The Board finds that the evidence does not present an exceptional case requiring referral for extraschedular consideration.

The Veteran's increased rating claims for his right and left knee disabilities have been denied as the evidence does not support a higher evaluation based on current symptoms.

The Veteran's claims for increased ratings for chondromalacia patella, lateral release residuals and right knee instability were denied as the evidence did not support a rating in excess of 10 percent from September 23, 2010 and December 26, 2013 respectively.

The Veteran's right knee disability, including degenerative arthritis and joint laxity, is currently rated at 10 percent. The claim for increased ratings remains denied as the evidence does not show that his conditions warrant a higher rating.

The Board has remanded the case to the RO for consideration of new evidence, including a VHA opinion and the Veteran's arguments. The appeal will be returned to the Board after further action.

The Board denied service connection for lumbar spine disorder and bilateral knee disorder, finding that the conditions were not incurred in active military service.

The Veteran's appeal is remanded for further development, including obtaining a new VA examination and obtaining any outstanding treatment records.

The Board found no evidence of a current right knee disability related to service, and the Veteran's cystic fibrosis is considered a congenital condition. The Board denied service connection for residuals of heat exposure as there was no currently diagnosed residual disability.

The Board denied the Veteran's claims for service connection for a left knee disability and low back disability, both secondary to his service-connected right knee disability. The Veteran was not granted new evidence to reopen his left knee claim, and his low back disability was found not to be proximately due or the result of his service-connected right knee disability.

The Veteran's hypertension is granted service connection. The left knee extension rating is reduced to noncompensable, effective June 1, 2010. The right knee extension and instability ratings are maintained at 60 percent each, effective August 2009. The lumbar spine disorder is rated at 40 percent since December 2009.

The Board has reopened the previously denied claim of service connection for a low back disorder and granted it, finding that new evidence supports the claim.,Service connection was also granted for a left knee disorder as secondary to service-connected disabilities.