Knee decisions — 2016

The Veteran's current right knee disability is found to have begun during and continued since his active duty service, meeting the criteria for service connection.

The Board found that the submitted evidence does not relate to an unestablished fact, is cumulative and redundant of evidence previously of record, and does not raise a reasonable possibility of substantiating any claim. Therefore, the claims for service connection were denied.

The Board has reopened the Veteran's claim and granted service connection for a bilateral knee condition, finding that the evidence is at least in equipoise regarding whether the current condition is related to service.

The Veteran is seeking service connection for various conditions including a head injury, arthritis of the back, left hip, and left knee, as well as a left leg disorder. The Board has determined that additional development is needed to clarify the nature and etiology of these claims.,The Veteran seeks service connection for arthritis in his back, left hip, and left knee. The Board finds that an examination is necessary to determine if any current arthritis is related to active service or a motor vehicle accident during service.,The Veteran contends that he has diverticulosis as a result of the October 1966 motor vehicle accident. The Board notes that there is insufficient evidence to determine whether his current diverticulosis is related to service, and an examination is necessary for this determination.,The Veteran asserts that he has residuals of a hard impact to the chest and side during service which resulted in diverticulosis. The Board finds that an examination is needed to determine if any current diverticulosis is related to active service.

The Veteran's service-connected disabilities meet the schedular requirement for assignment of a TDIU and are reasonably shown to render him unable to secure and follow a substantial gainful occupation.

The Veteran's right knee disability resulted in limitation of extension prior to July 20, 2013. The Board found insufficient evidence to support a higher rating for this condition.,From July 20, 2013 onwards, the Veteran's right knee disability manifested as limited extension and instability. The Board determined that his current ratings were appropriate.

The Veteran is seeking service connection for bilateral knee disabilities, but the claims are being remanded due to outstanding VA treatment records not having been obtained.

The Board found that the Veteran's right and left knee disabilities were not incurred or aggravated by active service, with no aggravation of a pre-existing condition during service. The acquired psychiatric disability claim is addressed in the REMAND portion.

The Board has reopened the claims for right knee and right hip disabilities due to new evidence, but denied service connection as these conditions are not shown to be related to service-connected left knee disability.

The Board has determined that the Veteran's left knee disability does not warrant a rating in excess of 10 percent, and his distal amputation of right great toe and laceration injury does not meet the criteria for a higher rating. Both disabilities are rated under the appropriate diagnostic codes based on their current manifestations.

The Veteran's right knee PFS does not meet the criteria for a higher rating, and his left knee disorder is not service-connected or secondary to his right knee disability.

The Veteran's right knee retropatellar pain syndrome was rated at 10 percent prior to January 26, 2009 and at 60 percent from March 1, 2010. The Board found that a higher rating of 20 percent for the period prior to January 26, 2009 is warranted based on episodes of pain and repeated effusions, while a higher rating in excess of 30 percent or separate ratings are not warranted due to lack of evidence of flexion limited to 15 degrees or extension limited to 20 degrees. The Veteran's left eye toxoplasmosis of the retina was rated at 20 percent.

The Veteran's claimed joint pain, calcaneal spurs, bilateral degenerative joint disease of the first metatarsophalangeal joints, knee strain and right elbow epicondylitis are not shown to be causally or etiologically related to his military service. The Board finds that these conditions were diagnosed after discharge from service.

The Veteran's left knee chondromalacia has been rated at 20 percent since November 1992. The Board finds that the evidence does not support a higher rating for this condition.

The case is being remanded to the RO for further development and consideration of the Veteran's claims, including addressing the issue of aggravation of a right lower-leg disorder by service-connected left tibia fracture residuals.

The Veteran's appeal was denied as his service-connected right ankle disability did not warrant a higher rating during the periods specified.

The Board has determined that the Veteran's current right ankle and knee disabilities are related to his in-service ACDUTRA injury, granting service connection for these conditions.

The Veteran's right ear hearing loss is found to be at least as likely as not related to active service, and the claim for service connection for this condition is granted. The claims for bilateral eye disability and right knee disability are remanded for further examination.

The Veteran's unauthorized medical expenses for treatment at Capital Regional Medical Center on December 4, 2011 are approved because the condition was of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health and VA facilities were not feasibly available.

The Veteran's claims for higher ratings for lumbar spondylosis with intervertebral disc syndrome, radiculopathy of the right sciatic nerve, osteoarthritis of the right knee, and right knee instability are being remanded due to outstanding VA treatment records potentially pertinent to these matters.