Knee decisions — 2016

The Board has determined that there is no evidence of a current left or right knee disability, and thus the Veteran's claims for service connection are denied.

The Board finds that the Veteran's acquired psychiatric disabilities, including GAD and Depressive Disorder NOS, are related to his service-connected traumatic brain injury (TBI). The heart murmur noted at service separation is not considered a disability for VA compensation purposes. Cold sores have been diagnosed since service and are attributed to herpes simplex type 1. Service connection has been established for psoriasis, but no service connection has been granted for psoriatic arthritis.

The Board denied the Veteran's claims for service connection for right wrist arthritis, left knee disability, and acquired psychiatric disorder (PTSD), finding that there was no evidence of these conditions during the appeal period or proximate thereto.

The Board denied the Appellant's claim of entitlement to DIC under 38 U.S.C.A. § 1318, finding that she was not entitled due to her service-connected right and left knee disabilities not meeting the criteria for a 100% rating continuously since separation from service.

The Veteran's service connection for GAD and Depressive Disorder NOS, as well as psoriasis, has been granted. The heart murmur noted at service separation is not considered a disability for VA compensation purposes. Service connection for cold sores/herpes, peripheral vestibular disorder, cervical spine disorder, bilateral knee disorder, joint pain in the hips, knees, elbows, fingers, toes, neck, and spine (claimed as due to Gulf War illness), muscle pain in the neck and upper and lower back (claimed as due to Gulf War illness), chronic fatigue syndrome, respiratory disorder claimed as due to Gulf War illness, and sleep disturbances claimed as due to Gulf War illness have also been granted. The 60 percent disability rating for seborrheic dermatitis has been restored.

The Veteran's claims for increased ratings for his right knee disability have been denied. The RO found that the evidence did not support a higher rating for any of the conditions listed.

The Veteran's low back strain was granted a rating of 40 percent effective September 23, 2014. The right lower extremity radiculopathy and post-operative right knee instability were both granted separate ratings.

The Veteran's nephrolithiasis has been rated at 30 percent since October 25, 2005. The Board finds that the Veteran met the schedular criteria for consideration of TDIU from October 25, 2005 to February 8, 2006, and from September 1, 2006 to July 21, 2011, and from September 30, 2011 to August 29, 2012. The Veteran's service-connected disabilities have resulted in unemployability during these periods.

The Board has denied the Veteran's claims for service connection for cervical spine disorder, bilateral leg disorder, radiculopathy of the lower extremities, and bilateral hip disorder as secondary to a service-connected right knee condition. The Board found no evidence of these conditions during service or related to service.

The Veteran's left knee arthritis is currently rated at 10 percent, and the Court has ruled that this rating does not encompass her disability due to torn meniscus. The Board will now consider separate evaluations for any such disability.

The Board has remanded the case due to a pending Travel Board hearing request and will schedule a hearing before a Veterans Law Judge.

The Veteran withdrew her appeals for the claims of depressive disorder, bilateral pes planus, hypothyroidism, and a bilateral shin disability during her hearing. The remaining issues are not addressed in this decision.

The Board has determined that DJD of the right knee had its onset in active military service and grants service connection for this condition. The issue of service connection for an acquired psychiatric disability, including PTSD, is remanded.

The Veteran's claim for an increased rating of his left knee disability is being remanded due to the need for additional examination and consideration of a possible CUE issue.

The Board has determined that the Veteran's bilateral knee disabilities did not manifest within one year of discharge and are not related to service, thus denying his claims for service connection.

The Board has remanded the case due to the Veteran's request for a delay in hearing, and now needs to schedule a videoconference hearing before a Veterans Law Judge.

The Board denied the Veteran's claims for service connection for a left hip disability, lumbar spine disability, and acquired psychiatric disorder. The claim for service connection for colon cancer was also denied as there is no evidence of record that the condition was incurred in or aggravated by active duty service. Service connection for a dental disability for compensation purposes was not granted due to lack of qualifying conditions.

The Veteran's appeal is remanded for additional development, including obtaining VA and private medical records related to his right knee disability. The claim will be readjudicated after the development.

The Veteran's right knee disability, including patellofemoral chondromalacia with degenerative joint disease, is found to have its onset in service and has been recurrent since then. Service connection for this condition is granted.

The Veteran's left knee limitation of motion and subluxation and instability have been granted an initial rating of 10 percent, effective August 11, 2011. The issue of service connection for a right knee disability is pending.