Knee decisions — 2016

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's arthritis of his knees is due or related to his parachute jumps during service. As a result, the claim for service connection for a bilateral knee disability is granted.

The Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation, considering the impairment from the disorders and his educational and employment history.

The Board has granted service connection for PTSD and depression, finding that the Veteran's current diagnoses are related to his military sexual trauma. The remaining issues of service connection have been remanded.

The Board has remanded the case for a new VA examination to determine the nature and etiology of any bilateral knee disability, including right and left knee degenerative joint disease and right knee internal derangement. The examiner must consider the Veteran's in-service issues with his knees despite their absence from service records, as well as the potential relationship between the knee conditions and his service-connected back condition.

The Veteran's appeal is being remanded for additional development, including verifying his periods of active duty and Army Reserve service, obtaining relevant VA treatment records, and scheduling a VA examination to determine the nature and etiology of his left ear hearing loss.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, right knee patellofemoral syndrome, left knee sprain, Crohn's disease, and bipolar disorder. The evidence did not meet the criteria for service connection under direct service connection.

The Board has remanded the case for further development regarding service connection claims, including obtaining missing STRs and providing additional medical opinions on the issues of right knee disability and hypertension.

The Board has denied the Veteran's claims for service connection for left hip disability and right knee disability, finding that there is no evidence to support these claims.

The Board has granted service connection for the Veteran's right and left knee disabilities, finding that they are related to active duty service.

The Board found that the Veteran's current bilateral knee disability is not related to his in-service injury and did not meet the criteria for service connection.

The Board has remanded the case due to the Veteran's failure to appear for a travel board hearing scheduled on September 13, 2016. The case will be returned to the AOJ for further action.

The Veteran's service-connected disabilities have been rated based on their direct effects, with a rating of 20 percent for the cervical spine disability. The other conditions are not rated separately as they are considered part of the overall cervical spine disability.

The Veteran is granted a rating of 10 percent for painful, nonlimited motion in both right and left knees from September 1, 1993 to November 1, 2011.

The Board denied initial ratings higher than 10 percent for degenerative joint disease of the right and left knees.

The Board has restored the Veteran's disability rating for his service-connected lumbar spine disability from 20 percent to 10 percent, effective August 14, 2010. The reduction was not proper as there was reasonable doubt about whether there had been improvement in the Veteran's condition.

The Veteran's headaches and cervical strain were granted initial compensable ratings, with the headache rating increased to 50% effective December 9, 2009. The right upper radicular nerve group associated with his cervical spine disability was also granted a separate 20% rating.

The Board is remanding the case to schedule a video conference hearing for the Veteran due to his request, and will not address the merits of the service connection claims until after this hearing.

The Veteran's claims for annual clothing allowances in 2014 and 2015 were denied as the back braces and knee braces did not qualify under VA regulations, and topical medications used for non-service-connected conditions do not meet eligibility criteria.,VA determined that the Veteran's back brace and right knee brace did not cause irreparable damage to clothing due to their design. The use of topical medications was also deemed ineligible as they were prescribed for a condition unrelated to service connection.

The Veteran's claims for higher ratings for his left knee and ankle disabilities have been denied. The Board found that the evidence did not support a rating in excess of 30 percent for his left knee disability or any additional compensation beyond what is currently assigned.

The Board has remanded the case for further development, including additional examinations and medical opinions to address the appellant's claims of service connection for a chronic low back disorder, left knee DJD, and diabetes mellitus type II with associated disabilities. The issues related to TDIU are also being held in abeyance.