Knee decisions — 2016

The Veteran's service-connected disabilities, including his right and left knee replacements and limited range of motion in the left ankle, have rendered him unable to secure or follow substantially gainful employment. His acquired psychiatric disability is also service connected as secondary to his orthopedic conditions.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a left knee disability. The Veteran is granted service connection for this condition.

The Board found that the Veteran's right knee disability was not related to his military service and denied the claim for service connection.

The Board has determined that the Veteran's diabetes mellitus is not related to his military service, including exposure to herbicides. The claim for service connection for degenerative arthritis of the bilateral knees was denied as there is no evidence linking the condition to service or a service-connected disability.

The Board found that the Veteran's current bilateral knee disability is less likely related to his military service and more likely due to post-service work in construction. The preponderance of evidence does not support a finding of service connection.

The Board has determined that the Veteran's arthritis of the left knee and ankle is not related to his active military service or any service-connected disability, and thus denied his claim for service connection.

The Board has remanded the case for scheduling a hearing before the Board due to the Veteran's failure to appear at his previously scheduled hearing. The appeal is also remanded for further development related to service connection claims and TDIU.

The Veteran's left knee disability has been evaluated as 10 percent disabling, and the Board finds that a higher rating is not warranted for any portion of the appeal period.

The Veteran's current right knee disorder is not service-connected as it was not present in service or within one year after discharge, and there is no link between his in-service injuries and the current condition.

The Veteran's right knee chondromalacia has been rated at 10 percent since December 9, 2007. The Board granted a separate 10 percent rating for slight instability as of November 8, 2015.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's appeal is being remanded for additional development to address the relationship between his service-connected right knee disability and his claimed back, left knee, bilateral hip, and bilateral ankle disabilities.

The Veteran is entitled to a TDIU rating based on his service-connected disabilities, with the exception of specific periods where the schedular criteria were met.

The Veteran's appeals for increased ratings and service connection are being remanded due to the need for additional development.,The Veteran's diabetes mellitus appeal is being remanded as records from Sierra Endocrine Associates may support his claim for an increase in disability rating.,The Veteran's left knee arthritis appeal is being remanded to determine if there has been any worsening of symptoms since the last VA examination in October 2007.,The Veteran's right little finger and right knee disabilities are being remanded as evidence may support a secondary service connection claim.,The Veteran's TDIU appeal is being remanded due to the need for additional development regarding his other appeals.

The Veteran's appeal was denied for service connection of low back disability, left lower extremity numbness, right lower extremity numbness, and left upper extremity numbness. The initial evaluation for fracture of the right little finger was granted with a 10% rating. Service connection for TBI prior to October 23, 2008, and PTSD since that date were both granted with increased ratings. Finding of total disability based on individual unemployability (TDIU) was granted prior to December 20, 2010. Special monthly compensation based on statutory housebound status (SMC/HB) was granted.

The Board found that the Veteran's cervical strain and bilateral knee disorder did not manifest during service or are otherwise related to her active duty, thus denying her claims for service connection.

The Veteran's service-connected bilateral knee disabilities have not resulted in flexion limited to 30 degrees or extension limited to 15 degrees, which are the criteria for a rating in excess of 10 percent under applicable VA regulations.

The Veteran's claim for an increased disability rating for the right total knee replacement was denied. The other issues, including service connection and TDIU, were granted.

The Veteran's left knee condition, characterized as slight recurrent subluxation or lateral instability, warrants a 10 percent disability rating.

The Board has determined that additional examinations and records are needed to properly adjudicate the Veteran's claims for service connection. The case is therefore REMANDED.