Knee decisions — 2016

The Veteran's appeal for service connection on the merits of his claims has been dismissed as he withdrew his appeal regarding bilateral total knee replacements and left shoulder surgery.

The Veteran's claims for higher ratings for his service-connected cervical spine and right knee disabilities are being remanded due to the need for additional examinations and development of medical records.

The Veteran's claim for DEA benefits was denied because his service-connected disabilities did not meet the requirement of permanent and total disability. The RO proposed to reduce his 100 percent rating for depressive disorder, but a TDIU rating has been granted. The case is being remanded to determine if the current severity of his service-connected disabilities are reasonably certain to continue throughout his life.

The Veteran's appeal is being remanded to obtain missing VA records and for a VA examination. The issues are whether the Veteran has current right ankle, right knee, and right foot disabilities that had onset in-service or are otherwise etiologically related to active military service.

The Board finds that the Veteran's left knee disability is etiologically related to her service-connected right knee disability and grants service connection for this condition.

The Veteran's claims for higher initial ratings were denied as the evidence did not support a finding of service connection or an increased rating for any of her claimed conditions.

The Veteran's bilateral knee disability has been rated at 20 percent since July 30, 2012. The rating is based on limitation of flexion and extension.

The Board found that the Veteran's bilateral knee disability was not incurred in or aggravated by active service and is not proximately due to or aggravated by a service-connected disability.

The Veteran's appeal is being remanded due to the need for a video conference hearing. Service connection claims for left knee and back disabilities are pending.

The Board has determined that the Veteran's bilateral knee disability is not related to service and therefore denied his claim for service connection.

The Veteran's combined service-connected disability rating is 70 percent, but the Board found that his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's back disability is service-connected, resolving reasonable doubt in his favor. The Board also found that there was not enough evidence to establish a link between the Veteran's arthritis of the knees and service.

The Board denied the Veteran's claims of service connection for a bilateral knee disorder and sleep apnea as secondary to hypertension. The Board found no evidence linking these conditions to service.

The Veteran's appeal of the issue of service connection for a bilateral hearing loss disability has been withdrawn. The Board does not have jurisdiction to review this issue and it is therefore dismissed.

The Board has granted the Veteran's claims of service connection for an acquired psychiatric disorder, including PTSD, Major Depressive Disorder, and Anxiety Disorder; an eye disorder (including as a qualifying chronic disability under 38 C.F.R. § 3.317); arthritis; a neck disorder other than arthritis; headaches; and a right knee disorder.

The Board found that the Veteran's claimed foot, knee, and back disorders are not related to his military service.

The Veteran's service-connected disabilities have been found to preclude him from securing or following a substantially gainful occupation, and he is granted a TDIU effective September 5, 2007.

The Veteran's right knee condition is rated at 10 percent disabling due to limitation of flexion. A separate 10 percent rating for instability of the right knee has also been granted. Service connection for a left knee condition as secondary to service-connected right knee arthritis has been established.

The Veteran's service-connected fibromyalgia, migraines, and other conditions have prevented her from securing or following substantially gainful employment. The Board has granted a TDIU.

The Veteran's appeal is being remanded to allow for further development of his claims, including obtaining VA and private treatment records, scheduling a VA examination, and determining the etiology of his acquired psychiatric disorder, right knee and shoulder disabilities, and right hand neuropathy.