Knee decisions — 2016

The Veteran's appeal for educational assistance benefits under 38 U.S.C.A. Chapters 30 and 32 was denied as he did not meet the eligibility criteria based on his service in the Army Reserve.

The Veteran's right knee subluxation is rated at 30 percent since August 27, 2015. A separate 10 percent rating for symptomatic removal of semilunar cartilage has been granted.

The Veteran's combination of service-connected PTSD and degenerative joint disease of the right knee combined to preclude him from obtaining and maintaining substantially gainful employment since October 19, 2011.

The Board has determined that the Veteran does not have a disability of the hips or knees that was incurred in service or is otherwise related to any disease, injury or event in service. The preponderance of evidence favors the conclusion that the Veteran's current hip and knee disabilities are unrelated to his military service.

The Board found that the Veteran does not have a right knee disability due to service and denied his claim.

The Veteran's service-connected bilateral knee disabilities cause functional impairments that preclude unassisted balance and propulsion to such degree that the Veteran would be equally well served by use of suitable prosthetic appliance, warranting special monthly compensation based on loss of use of both legs at the knee level.

The Board has determined that the Veteran's current low back and bilateral knee disorders did not manifest during service or within one year of separation, and there is no evidence of chronicity. The claims for service connection are therefore denied.

The Veteran's right knee disability, postoperative residuals of a medial meniscectomy, was rated at 10 percent from October 26, 2004 to June 9, 2014. The rating was increased based on the severity of his symptoms and limitation of motion.

The Veteran's claims for increased disability ratings were denied. The Board found that the evidence did not support a grant of service connection for carpal tunnel syndrome, and his lumbar spine disability was rated as 20 percent disabling based on painful limitation of motion.

The Board has remanded the Veteran's claims for an increased rating for hypertension and entitlement to service connection for sleep apnea, as well as his claims for bilateral carpal tunnel syndrome of the wrists and right and left knee disorders. The AOJ is instructed to schedule a hearing before a Veterans Law Judge and obtain relevant medical records.

The Veteran's service-connected right and left knee disabilities, as well as his right shoulder disability and right hand fracture, were granted initial noncompensable ratings in January 1993. The Board has determined that there was clear and unmistakable error (CUE) in the assignment of these initial ratings, leading to a revision to grant separate 10 percent ratings for each joint affected.

The Veteran's service-connected disabilities, including bilateral hearing loss, right hip bursitis, left hip tendonitis, right and left knee patellofemoral syndrome, and residuals of a chipped right elbow, combine for a rating of 50 percent or more. The combined rating is at least 70 percent, meeting the criteria for TDIU.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of his left and right knee disabilities.

The Veteran's degenerative joint disease of the right knee was manifested by full range of motion, no functional impairment, and only subjective complaints of painful motion. The criteria for an initial compensable disability rating based on arthritis and limitation of motion have not been met.

The Board has determined that the Veteran's service records document an injury to his left knee during active service, and he reported recurrent left knee pain since discharge. The evidence is at least in relative equipoise as to whether the Veteran currently has a left knee disability, variously diagnosed as left knee patellofemoral syndrome, left knee synovitis, and degenerative changes of the left knee, which is related to his military service.

The Board has determined that the Veteran's current left knee disabilities, including DJD and a medial meniscus tear, are not related to his military service. The disability is considered to be directly related to the in-service injury, but it did not manifest during or within one year after service.

The Board has granted service connection for certain conditions, including acid reflux, erectile dysfunction, gastrointestinal disorder, hiatal hernia, and kidney stones. The Veteran's claims are based on undiagnosed illnesses related to his service in the Southwest Asia theater of operations during the Gulf War.

The Veteran does not have a current left knee disability for VA purposes and the preponderance of evidence is against his claim.

The Board finds that the Veteran has current diagnoses of left foot metatarsalgia and plantar keratosis, which are service-connected. However, there is no evidence of a current left knee disability or arthritis in service. The Veteran's left knee symptoms during service were attributed to arthritis, but x-ray evidence shows no current condition.

The Board denied the Veteran's claims for increased ratings of her service-connected right elbow and knee disabilities, finding that the July 2015 VA examination was inadequate due to its failure to specify additional limitation of motion due to flare-ups. The appeal is therefore remanded for a new examination.