Knee decisions — 2016

The Board denied the Veteran's claims for service connection for left and right knee disabilities, finding that there was no evidence of a current disability or a link to service-connected claw toes.

The Board finds that the Veteran's current bilateral knee disorder is not causally or etiologically related to his military service, and arthritis did not manifest within one year of his separation from service. Therefore, service connection for a bilateral knee disorder cannot be established.

The Board has ordered a remand due to the need for additional examination and medical opinion regarding the Veteran's left knee strain during his ACDUTRA period. The case is being returned to the AOJ for further development.

The Veteran's left knee disability is currently rated at 10 percent under Diagnostic Code 5260 for limitation of leg flexion. The Board finds that the evidence supports a finding of no additional functional impairment due to pain or other factors, and thus grants an increased rating.

The Veteran is granted service connection for right knee pain as due to a qualifying chronic disability (undiagnosed illness) incurred during active service in the Southwest Asia Theater of operations.,Service connection for tension headaches was not established, as there is no current diagnosis of a headache disorder.

The Veteran's service-connected early degenerative changes of the left knee have not been manifested by flexion limited to at least 30 degrees or extension limited to at least 15 degrees. Instability or locking of the knee has not been clinically established, and thus, he is not entitled to an initial rating in excess of 10 percent.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's right knee scar was sustained during service. The Veteran's claim for service connection for bilateral hearing loss disability must be denied.

The Board has determined that the Veteran does not have a current disability of the shoulders, hands, arms, or lower back. The neck and right knee disabilities are denied as not related to service.

The Board has reopened the claim for service connection for an eye condition manifested by loss of vision as secondary to diabetes mellitus and granted a 20% disability rating. The claims for bilateral shoulder pain, right and left knee disabilities, and cervical spondylosis have been denied.

The Board denied the Veteran's claim for a compensable disability rating for his right knee surgical scars and found that the reduction in his service-connected right knee instability rating from 10 percent to 0 percent, effective May 7, 2012, was not proper. The evidence did not support higher ratings under the applicable diagnostic codes.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA examinations to assess the impact of his service-connected disabilities on his employability. The RO will also consider whether he has submitted a completed VA Form 21-8940 and address any related issues.

The Board has granted the Veteran's claim of entitlement to service connection for a left knee disability. The right shoulder disability claim is denied.

The Veteran's left knee disability was granted a 30 percent rating effective August 26, 2014. The claim for restoration of the 20 percent rating for left knee instability is also granted.

The Veteran's right knee disability is rated at 20 percent, the highest possible under Diagnostic Code 5258 for cartilage dislocation with frequent episodes of locking pain and effusion. The rating for hypertension remains at 10 percent.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the right knee strain was not separate from patella chondromalacia, which is already service-connected. For the hip issues, the Veteran did not meet criteria for a higher rating prior to November 12, 2015, but since then has met criteria for a 10 percent rating.

The Board has granted service connection for residuals of a right ankle fracture and finds that the Veteran's current left hip, right knee, left knee, and back disabilities are proximately due to or aggravated by his service-connected left foot and/or right ankle disabilities. The remaining issues have not been decided.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim prior to September 18, 2006 and no factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The case is being remanded for further development to obtain private treatment records related to the Veteran's back and knee disabilities. The issues of service connection, increased ratings for left and right knee disabilities are pending.

The Veteran's claims for diabetes mellitus type II, diabetic neuropathy, and right total knee replacement are being remanded due to the need for additional development. The TDIU claim is also being referred for extra-schedular consideration.

The Veteran's current sleep apnea was incurred in service and is related to his symptoms during service.,Service connection for PFB, thyroid disorder, and sinus disorder are pending.