Knee decisions — 2016

The Veteran's left knee disability is currently rated at 30 percent, the maximum schedular evaluation available under Diagnostic Code 5260 for limitation of motion. The Board finds no basis to grant a higher rating as there is no evidence of ankylosis or instability.

The Board has remanded the appeal for further development due to inadequate VA examination reports and issues are inextricably intertwined.

The Board has decided that the case should be remanded for additional development, including obtaining medical opinions and VA treatment records.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to evaluate the current severity and manifestations of his service-connected degenerative arthritis of the bilateral knee, lumbar spine/L5-S-1, and postoperative right ankle.

The Board has determined that additional development is necessary before the claims can be fully adjudicated.

The Veteran's claims for service connection for sleep apnea, gastroesophageal reflux disease (GERD), a bilateral knee disorder, and diabetes mellitus have been granted.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a Social Industrial Survey and obtaining records of vocational services discussions.

The Veteran's bronchial asthma is rated at 60 percent, and she meets the criteria for a TDIU due to her service-connected disabilities.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated medical records and conducting further examinations to address his knee and back conditions. The total disability rating claim is also deferred pending completion of these tasks.

The Board denied service connection for a sexual dysfunction disorder due to lack of evidence showing its onset during or as a result of active service.,Service connection was not granted for bilateral elbow, wrist, and knee disorders because the evidence did not establish their onset in service or within one year post-service.

The Board found that the June 2010 rating decision granting service connection for a left knee replacement was clearly and unmistakably erroneous, and thus the severance of service connection was proper.

The Board has determined that the Veteran's claims of service connection for right thumb, left knee, and right knee disabilities are granted based on direct evidence showing these conditions were incurred during his military service.

The Veteran's appeal is being remanded due to the need for additional medical evidence and development of his claims. The issues include increased ratings for bilateral hearing loss, knee degenerative joint disease with right knee anterior cruciate ligament tear status post surgery and left knee medial meniscus tear status post surgery, right ankle bone cyst status post excision and bone grafting, and left Achilles tendonitis.

The Board denied the Veteran's claims for service connection for left and right knee disorders, finding that his current conditions were not incurred in or aggravated by active service. The Court vacated this decision and remanded the case to the Board.

The Board has remanded the Veteran's claims for additional development due to incomplete records and failure to issue a statement of the case on the pleural thickening claim.

The Board found that the Veteran's current bilateral knee disabilities are not related to service, and thus denied his claim for service connection.

The Veteran's initial claim for a higher rating for his right knee disability was denied, but the RO granted service connection and assigned a 10 percent rating. The Board then remanded to determine if he is entitled to an increased rating from January 15, 2008 until April 14, 2010.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and the evidence demonstrates that he is as likely as not unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities.

The Veteran's claims are mixed, with some issues granted and others not. The primary issue is the evaluation for PTSD, which remains at 70 percent.

The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found no evidence of a current diagnosis of PTSD, and the diabetes mellitus claim was not granted due to lack of in-service manifestation within one year of separation from active duty.