Knee decisions — 2016

The Veteran's service-connected disabilities are of such severity that they preclude substantially gainful employment, warranting a TDIU.

The Veteran's claims for service connection for a bilateral knee disability and hypertension have been granted. The claim for an undiagnosed illness has been remanded due to the need for additional examination.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, tinnitus, lumbar spine disorder, and right knee disorder due to a lack of evidence demonstrating current disabilities.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for chondromalacia of the right knee and multiple contusions and lacerations. The claims are granted as direct service connection is established.

The Veteran's back disorder is service-connected, but his bilateral knee disorders and breathing problems are not.,His left elbow disorder was resolved in-service. His acquired psychiatric disorder (PTSD and depression) secondary to migraines is also denied.

The Veteran's claims for earlier effective dates have been denied as the earliest date of receipt of a claim is not prior to the assigned effective dates.

The Board denied the Veteran's claims for service connection for left knee Osgood-Schlatter disease and an acquired psychiatric disorder (bipolar disorder and depressive disorder) as there was no clear and unmistakable evidence that these conditions preexisted service or were aggravated by service, and the medical evidence did not support a finding of a direct relationship to service.

The Veteran's service-connected tinnitus is assigned a maximum schedular rating of 10 percent, and no higher. The issues of entitlement to service connection for TBI, dental trauma, asthma, PTSD, an acquired psychiatric disability (other than PTSD), and hearing loss in the right ear are remanded for additional development.

The Board has determined that the Veteran's right and left knee disabilities had their onset in service, meeting the criteria for service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination and the provision of outpatient records. The issue remains whether she is entitled to a total rating based on unemployability due to service-connected disabilities.

The Board has remanded the case for additional development due to inadequate prior VA medical opinion and missing private medical records. The Veteran's erectile dysfunction is being evaluated in relation to his service-connected disabilities, including prescribed medications.

The Board denied the Veteran's claims for service connection for a right knee disability and a left knee disability, finding that there was no evidence of chronic right or left knee conditions during his military service. The Board also found that any current knee disabilities are not related to service.,Service connection is currently only in effect for right ear hearing loss and tinnitus.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining private treatment records and scheduling a VA examination.

The Board has ordered a new examination to address the etiology of any current right knee pathology, as the previous VA examiner's opinion was inadequate due to lack of contemporaneous documentation of treatment.

The Veteran's service-connected disabilities, including his right knee and associated foot conditions, have rendered him unable to secure or follow a substantially gainful occupation as of June 7, 2012.

The Veteran's post-total right knee replacement has been rated at 60 percent since September 1, 2014.

The Board has determined that the reduction in the Veteran's left knee disability rating from 20% to 10% was improper due to lack of compliance with regulatory requirements. The Veteran is now entitled to a restored 20% rating for her service-connected left knee disability.

The Veteran's appeal for service connection for sinusitis has been denied. The issues of entitlement to increased ratings for left knee chondromalacia patella and residuals of total left knee arthroplasty remain pending.

The Board has decided that the Veteran's claim for an annual clothing allowance is granted.

The Veteran's claim for an increased rating for his left knee disability is being remanded due to the need for a new VA examination and compliance with Correia v. McDonald (2016).