Knee decisions — 2016

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

The Board has remanded the case due to inadequate VA examination and treatment records, requiring further development.

The Board denied the Veteran's claim for service connection of a left knee disorder, finding that his current condition is not related to his military service.

The Veteran's right knee arthritis and meniscal tear have been rated based on their respective conditions, with the total right knee replacement receiving a 60% rating since August 1, 2014.

The Board found that the right knee disability was not caused or aggravated by active service, ACDUTRA, or INACDUTRA. The claim for service connection is denied.

The Veteran's right and left knee disorders are found to be at least as likely as not caused by his service-connected bilateral pes planus.

The Board found that the Veteran's current right knee disorder did not have onset during service and was not caused by his active service nearly forty years ago, thus denying his claim for service connection.

The Veteran's left knee disability was characterized by frequent episodes of 'locking,' pain, and effusion into the joint. From November 20, 1998 to September 2, 2010, he had severe lateral instability.

The Board has determined that the Veteran's lumbar spine and bilateral knee disabilities are not related to his military service, and therefore denied these claims.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's currently diagnosed left knee disability (characterized as peripheral neuropathy of the left lower extremity) resulted from his service-connected left foot disability. As a result, service connection for this condition is granted.

The Veteran's claims for increased ratings for her right knee disability and TDIU were denied. The Board found that the evidence did not support a higher rating for her right knee disability, as her symptoms did not meet or approximate the criteria for any higher evaluation under the applicable diagnostic codes. For TDIU, the Board noted that there was no evidence showing she is unable to secure or follow substantially gainful employment due to her service-connected disabilities.

The Board found that the Veteran's right knee disability did not have its onset during service and is not related to his active duty. The claim for service connection was denied.

The Board denied the Veteran's claims for increased ratings for his service-connected heart disability, finding that a rating in excess of 30 percent is not warranted prior to April 1, 2009, and granted a 60 percent rating effective from April 1, 2009.

The Board has granted service connection for an acquired psychiatric disorder, fibrocystic breast disease, and has denied service connection for chronic headaches, low back disability, right hip disability, right knee disability, and neuropathy of the right foot.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral knee disability, bilateral foot disability, deviated septum, sleep apnea, atypical left temple nevus, or residuals thereof. The Veteran's service treatment records are not associated with his claims file and it is presumed lost. Therefore, service connection for these conditions cannot be granted.

The Board denied the Veteran's claims for higher ratings for his right knee disability, finding that the evidence did not support a schedular or extraschedular rating above 10 percent from December 23, 2005.

The Board found no evidence of a nexus between the Veteran's current knee conditions and his service, thus denying both right and left knee condition claims.

The Veteran's appeal is being remanded due to the need for additional examinations and records. The issues of entitlement to an increased rating for left knee arthritis and service connection for a right thumb disability are pending.

The Veteran withdrew his appeals regarding the increased ratings for lumbar spine strain with intervertebral disc syndrome, internal derangement of the left knee, and limitation of flexion of the left knee.

The Veteran's service-connected disabilities have resulted in permanent and total disability that is due to the loss or loss of use of one or both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. As such, he is entitled to a certificate of eligibility for assistance in acquiring specially adapted housing.