Knee decisions — 2016

The Board has remanded the case to allow for further development, including obtaining private treatment records and issuing a supplemental statement of the case addressing the issue of service connection for hallux valgus.

The Veteran withdrew his appeal related to the issues of entitlement to service connection for bilateral knee arthritis, bilateral elbow arthritis, and a voiding dysfunction at his April 2015 Board hearing.

The Board found that the Veteran did not have a current disability characterized by chest pain, skin rash on the back, or bilateral knee disabilities that were related to service. The Veteran's hypertension was also not shown to be related to service.

The Veteran's left knee disability has been manifested by subjective complaints of pain and objective clinical findings, including tenderness and x-ray evidence of arthritis. The Veteran currently has full range of motion in the left knee (flexion to 120 degrees and extension to 0 degrees), without any significant functional limitations such as fatigue or lack of endurance.

The Board finds that the Veteran's bilateral knee disability is not related to his active service and therefore, denies his claim for service connection.

The Veteran's right fibula disability was increased to a 20 percent rating effective February 13, 2012. He also received separate evaluations for ankylosis of the ankle (40 percent), sciatic neuropathy of the right lower extremity (20 percent), femoral neuropathy of the right lower extremity (20 percent) and obdurator neuropathy of the right lower extremity (0 percent).

The Veteran's combined disability evaluation was at least 70% prior to July 28, 2015. The evidence does not show he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has ordered additional development due to the lack of records from the Miami VAMC prior to September 1998. The Veteran is seeking service connection for bilateral knee and left hip disabilities, which are currently denied.

The Veteran's claim for service connection for a lumbar spine disability, to include a neoplasm of the lumbar spine, has been reopened and is granted.,Service connection is denied for hyperostosis (excessive growth of the bone).,Service connection is denied for osteoporosis (to include osteopenia).,Service connection is denied for right hip disability, to include a neoplasm and/or trochanteric bursitis.,Service connection is denied for limitation of motion of the right leg (also claimed as osteoarthritis of right knee).,Service connection is denied for viral syndrome, to include chronic fatigue syndrome.,Service connection is denied for polyarthralgia.

The Board denied the Veteran's claims for an increased rating for hearing loss of the right ear and TDIU due to service-connected disabilities. The evidence did not meet the criteria for a compensable rating for hearing loss, and there was no indication that the Veteran's service-connected conditions prevented him from obtaining or maintaining employment.

The Veteran's appeal is being remanded for further development, including obtaining Voc-Rehab records and an examination to assess his occupational impairment due to service-connected disabilities.

The Veteran's service-connected disabilities, including right knee replacement, shoulder arthritis, major depressive disorder, and a healed perforation of the tympanic membrane, preclude him from securing or following substantially gainful employment due to his physical limitations and cognitive impairments.

The Board has determined that the case is REMANDED for additional development, including obtaining medical records and providing an addendum opinion regarding the Veteran's right knee disability. The claims are also inextricably intertwined with a claim for service connection for a left leg disorder.

The Board has determined that a new examination is necessary due to the passage of time and the Veteran's allegation of worsening symptoms, and additional development in terms of obtaining updated VA treatment records is required.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher evaluations under VA rating criteria.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled videoconference hearing. The case will be returned to the AOJ for scheduling another hearing.

The Board has denied service connection for a left knee disability, finding that the evidence does not establish an in-service injury or disease and no current disability. The Veteran's claim is therefore denied.

The Veteran's appeal is being remanded to obtain a new VA examination and additional medical records. The issue of an initial disability rating in excess of 10 percent for his right knee disability will be reconsidered.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected left knee disabilities.

The Board found that the Veteran's bilateral knee osteoarthritis was not incurred or aggravated in service and is not proximately due to his service-connected degenerative disc disease of the thoracolumbar spine.