Knee decisions — 2016

The Veteran's claims for service connection for various conditions, including Lyme disease and its residuals, bilateral knee disorder, bilateral shoulder disorder, memory loss, lumbar spine disorder, cervical spine disorder, headaches, cognitive impairment, dizziness and poor balance, tinnitus, heart disorder, splenomegaly, diffuse myelitis, organic disease of the nervous system (to include chronic pain), and radial neuropathies of the feet and hands were denied as these conditions are not related to service or service-connected disabilities.

The Board has remanded the case due to scheduling issues and will handle any further development as required.

The Board has determined that further development is needed before the claim of service connection for a bilateral knee disability can be adjudicated.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's left ear hearing loss, lumbar spine disorder, and bilateral knee disorder. The appeal is being remanded for these purposes.

The Veteran has withdrawn all issues on appeal, specifically referencing his claims relating to the left ankle, back, knees, warts, lipomas, left elbow, and GERD.

The Veteran's right knee disability was reduced from a 30 percent rating to a 10 percent rating without considering the provisions of 38 C.F.R. § 3.344, which governs reductions in ratings that have been in place for more than five years. The Board has restored the 30 percent rating effective June 1, 2011.

The Veteran's claims for increased ratings and TDIU were denied. The right knee disability is currently rated at 30 percent for limitation of extension, which does not meet the criteria for a higher rating. The claim for service connection for an acquired psychiatric disorder was characterized as encompassing any diagnosed acquired psychiatric disorder.

The Veteran meets the criteria for a compensable rating based on multiple non-service connected disabilities, as his service-connected conditions clearly interfere with normal employability. The issue of entitlement to a compensable disability rating for folliculitis is remanded.

The Board has determined that the evidence is in equipoise as to whether the Veteran's right shoulder disability is related to service, and thus grants service connection for a right shoulder disability.

The Veteran's claims for increased ratings for his service-connected bilateral knee disabilities are being remanded due to the need for additional development, including a new VA examination and updated treatment records.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Board found that the Veteran's claimed cervical spine, back, left knee, and right wrist disorders did not have their onset during active duty service or are related to such service. The Veteran's headaches were also not linked to his military service.

The case is REMANDED for the following actions: 1) Advise the Veteran that he may submit any additional medical and non-medical evidence relating to his gout and his left and right knee disorders that is not already in VA's possession. 2) Associate with the record any VA clinical documentation not already of record pertaining to the treatment of the Veteran for gout or for left or right knee disorders. 3) Schedule the Veteran for a VA medical examination to obtain an opinion as to the current nature of his gout and whether he has active disease process. If necessary, schedule additional VA examinations as necessary. The examiner should address the severity of all chronic residuals if the Veteran's gout is not an active disease process. 4) Schedule the Veteran for a VA medical examination to obtain an opinion as to the nature and etiology of his right and left knee disorders. The examiner should address whether the Veteran's left and right knee disorders were aggravated by his gout.

The Board found that the Veteran's Osgood Schlatter's disease preexisted service and was not aggravated by service, thus granting service connection for this condition. The bilateral hand disorder (Dupuytren's contracture) is denied as there is no evidence of its onset in service or within a presumptive period.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA treatment records and providing the Veteran with an adequate VA examination.

The Board has ordered a remand for the VA examiner to provide an addendum addressing whether the Veteran's current knee disabilities are aggravated by his service-connected residuals of cold injury. The appeal will be returned to the AOJ after this additional development.

The Board has reopened the claim of service connection for a sleep disorder and granted it. The Veteran's headaches have also been found to be incurred in service.

The Board has decided to remand the case for additional development due to insufficient rationale in the previous VA examination.

The Board has remanded the case due to inadequate VA examination and need for additional development of records.

The Board has determined that the Veteran's low back condition is not related to his active duty service and therefore, denied his claim for service connection.