Knee decisions — 2016

The Board has granted service connection for left knee patellofemoral syndrome and osteoarthritis, as well as left shoulder supraspinatus tendinosis and acromioclavicular joint degenerative joint disease. The Veteran's conditions are found to be related to her active service.

The Board has determined that the Veteran's current left knee disability is at least as likely as not incurred during service, and thus grants service connection for a left knee disability. The claim of an increased rating for low back disability prior to April 18, 2008, and from April 18, 2008 forward, has also been granted.

The Board has determined that the Veteran does not have a diagnosed left knee disability, and his service-connected lumbar spine and cervical spine disabilities do not meet the criteria for higher ratings. The Veteran's tinea pedis is rated appropriately, as are his hearing loss and CTS. His acquired psychiatric disorder, right ankle condition, and head injury with headaches and myofascial pain syndrome do not warrant increased ratings. Finally, the Board has determined that the Veteran meets the criteria for TDIU based on his service-connected disabilities.

The Board is remanding the claims for service connection for bilateral pes planus, hearing loss, residuals of a deviated nasal septum (withdrawn), left ankle disorder, bilateral knee disorder, bilateral hip disorder, heart disorder, hypertension, gastroesophageal reflux disease (GERD), and obstructive sleep apnea. The Board is also remanding the claim for an initial rating higher than 50 percent for PTSD.

The Board has determined that the Veteran's current bilateral knee, hip, shoulder, and low back disorders are related to his in-service femur fractures.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the severity of his service-connected left knee disability and any diagnosed chronic right shoulder disability. The issue of benefits under Chapter 18 for spina bifida will also be addressed.

The Veteran's appeals for increased ratings for his service-connected right knee conditions were denied. The Board found that the evidence did not support a higher rating than what was already assigned.

The Board has determined that the current medical evidence is not adequate to make a determination on the Veteran's claims for service connection for right and left knee disabilities. The case is being remanded to obtain additional information from the Veteran, clarify his National Guard service dates, and schedule him for an appropriate VA examination.

The Board finds that the Veteran's left knee disorder did not have its clinical onset in service, arthritis of the left knee was not manifested within one year of discharge from service, and a left knee disorder is not otherwise related to active duty or to a service-connected disability. Therefore, service connection for a left knee disorder is denied.

The Veteran's appeal is being remanded due to the failure to issue a Statement of the Case (SOC) on his claims for an increased disability rating and earlier effective date for arthritis of the right knee with limitation of flexion.

The Board has ordered a remand for further development regarding the severance of service connection for left knee DJD and the claim for an increased rating for right knee disability. The Veteran's claims will be reconsidered after additional evidence is obtained.

The Board denied service connection for the Veteran's claimed right elbow, right shoulder, and bilateral knee disabilities as they are not related to his active duty service.

The Veteran's service-connected disabilities prior to September 5, 2013 were rated at a combined 90 percent. Considering the totality of his service-connected conditions and their impact on his ability to work, these disabilities rendered him unable to secure or follow substantially gainful employment.

The Veteran's cervical spine strain and right knee disability were rated at their maximum levels, with no additional ratings granted.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the Veteran's current cardiac condition, as well as whether his service-connected left knee disability warrants an increased rating. The case is being remanded for these purposes.

The Board is remanding the case for further development and consideration, including obtaining a statement of the case on the issue of character of discharge and any Social Security Administration records. The claims for service connection will also be considered.

The Board has ordered additional development to verify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA during his service in the National Guard from November 1974 to June 1987. The case will be remanded for this purpose.

The Board has dismissed the appeal for service connection of a left thumb disability due to withdrawal by the Veteran. The remaining issues of service connection for low back and bilateral knee disabilities are being remanded for further development.

The Board has determined that the claims for service connection for a right knee condition, sleep apnea, a low back condition, a bilateral eye condition, hypertension, and sinusitis/allergies have been granted. The remaining claim of service connection for a left knee condition is being remanded for further development.

The Board has remanded the case for further development, including obtaining additional medical records and arranging for a VA examination.