Knee decisions — 2016

The Board has determined that the Veteran does not have a current respiratory disorder, bilateral knee disability, or bilateral ankle disability. The claims for these conditions are therefore denied.

The Board has decided to remand the case for further development, including scheduling a videoconference hearing.

The Board has recharacterized the Veteran's claim for service connection for 'bi-polar disorder and PTSD' as one for entitlement to service connection for PTSD and one for entitlement to service connection for acquired psychiatric disorder other than PTSD. The case is being remanded for further development.

The Board has remanded the case for additional development, including obtaining VA medical records and a VA medical opinion. The Veteran's claim will be reconsidered based on this new evidence.

The Veteran's appeal is being remanded for further development to clarify the etiology of his claimed skin disability and left knee disability, including whether they are related to service.

The Veteran's appeal is being remanded for further development of his claims, including a VA examination to assess the severity and etiology of his neck disability and right knee condition. Additionally, an increased rating for PTSD will be considered.

The Veteran withdrew his appeal seeking a rating in excess of 50 percent for anxiety disorder, not otherwise specified (mixed anxiety depressive disorder).

The Board has remanded the case for further development, including consideration of whether there was clear and unmistakable error in previous rating decisions. The case is now before the AOJ to determine if service connection should be severed for DJD of each knee effective from June 23, 2016.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling the Veteran for a new VA examination to determine the current nature and severity of his bilateral hearing loss, tinnitus, right knee disability, and PTSD. The TDIU claim is also deferred until other increased rating claims may be resolved.

The Veteran's right knee disability is now rated at 50 percent, effective August 11, 2015.

The Veteran's appeal for TDIU was denied due to the lack of evidence showing he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Board finds that service connection for the Veteran's bilateral knee condition is not warranted on either a direct or presumptive basis. The preponderance of the evidence is against a finding that the Veteran's current bilateral knee conditions arose in or were related to his active duty service.

The Veteran's dysthymic disorder with PTSD and related disabilities have been rated at 70 percent since November 19, 2003. The effective date for the TDIU rating has also been established as of that date.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and development of his medical records.

The Board has decided to remand the case for further development, including scheduling a videoconference hearing.

The Veteran's claims for an increased rating for nightmare disorder, service connection for bilateral hearing loss disability, right knee condition, and left knee condition have been denied. The Veteran does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has reopened the claim of service connection for a low back disability and granted entitlement to this condition. The Veteran's current diagnoses include osteoarthritis in his right leg, left knee, hips, and headaches, all presumed secondary to his service-connected low back disability.

The case is being remanded for additional development, including obtaining service treatment records and providing the Veteran with VA examinations to assess his left knee disorder, shin splints, hallux valgus of the right great toe, and residuals of a bunionectomy of the left great toe.

The Board found that the Veteran's left leg disorder, including a left knee injury, is not related to service and denied his claim.

The Veteran's service connection claim for bilateral knee disability, including as due to an undiagnosed illness associated with his Persian Gulf service, is granted.