Knee decisions — 2017

The Veteran's chondromalacia of the left knee does not meet or approximate criteria for a disability rating in excess of 30 percent since May 1, 2012.

The Board has granted the Veteran's claims for service connection for tinnitus, prostate cancer, diabetes mellitus, peripheral neuropathy of the upper left and right extremities, osteoarthritis of the left and right knees. The Veteran is also found to be unemployable due to his service-connected disabilities.

The Veteran withdrew his appeals for the issues of entitlement to a compensable rating for rhinitis, right finger joint pain, left finger joint pain and sinusitis during a December 2016 Travel Board hearing. The remaining issue of service connection for a right knee disability is remanded.

The Board has remanded the case for additional development due to incomplete examination findings and testimony regarding increased pain during flare-ups.

The Board has found that the Veteran's left knee osteoarthritis is at least as likely as not caused by or related to his service-connected right knee disability, and thus granted service connection for this condition.

The Board has determined that the Veteran's current left knee disability resulted from an injury sustained during his service, and thus grants entitlement to service connection for a left knee disability.

The Board has determined that additional examinations are needed to assess the current severity of the Veteran's service-connected knee and shoulder disabilities, as well as any outstanding private or VA treatment records should be obtained.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence was not received to reopen the claim of right shoulder disability, but left knee arthritis is service connected. The Veteran's right knee disabilities are rated based on limitation of motion.

The Veteran requested to withdraw all issues on appeal, and the Board has dismissed the appeal due to this request.

The Veteran is seeking service connection for various conditions including a right knee disability, bilateral pes planus, bilateral anisometropia and refractive amblyopia of the left eye, status post jaw realignment surgery, tinea pedis, and varicose veins. The Board has determined that additional development is needed to address these claims.,The Veteran seeks service connection for bilateral pes planus. He asserts he used supports in his boots during service and that his condition was aggravated by service. A VA examination found no aggravation of the preexisting disability as there were no complaints noted in service records.,The Veteran contends his left eye condition is due to debris from service, but the June 2014 VA examiner diagnosed anisometropia refractive amblyopia OS and stated it occurred during childhood. The examiner did not address whether any disability resulted from a superimposed injury to the eye or if there was aggravation of the preexisting condition.,The Veteran asserts his jaw realignment surgery is due to heart and respiratory problems he had in service, but the VA examiner found no evidence that these conditions caused his jaw disability. The examiner also did not address whether any current jaw disability resulted from a superimposed injury or if there was aggravation of the preexisting condition.,The Veteran claims tinea pedis has worsened since the June 2014 VA examination and he has sought recent VA podiatry treatment for his condition. The Board finds that an updated VA examination is needed to assess the severity of his tinea pedis.,The Veteran asserts his varicose veins have worsened since the June 2014 VA examination, but no specific issues are noted in the virtual folder regarding this claim.

The Veteran's appeal is granted, with a TDIU being awarded. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's right knee osteoarthritis and instability have been rated based on their current manifestations, with a separate rating for instability granted from February 16, 2007 to October 1, 2012. The Veteran is currently rated at 20 percent for right knee instability.

The Veteran's claim for an increased rating for his left knee disability is being remanded due to the need for additional VA examinations and development of the record.

The Veteran's claim for non-service connected pension benefits was denied as he is not totally or permanently disabled due to non-service-connected disabilities and therefore is not eligible for a non service-connected pension.

The Board has determined that the Veteran's left shoulder strain and degenerative joint disease of the left knee are service-connected.,The Veteran reported experiencing symptoms in his left shoulder and left knee during military service, which have persisted since then.

The Board denied the Veteran's claims for service connection for a left thigh tumor and bilateral hip degenerative joint disease, finding no evidence linking these conditions to his military service. The claim for TDIU was also denied as there is not sufficient evidence showing that the Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation.,The Board concluded that the Veteran did not meet the schedular requirements for a total disability rating based on individual unemployability (TDIU) due to his service-connected conditions, but noted that extra-schedular consideration could be pursued under specific procedures.

The Veteran's claims for increased ratings for his right knee and lumbar spine disabilities are being remanded due to the need for additional examinations to assess current disability levels.

The Veteran's lumbosacral spinal stenosis with degenerative changes is at least as likely as not causally related to his service-connected left knee disability, and the Board finds that secondary service connection for a right knee disability is warranted.

The Veteran's service-connected conditions did not preclude him from securing and following all forms of substantially gainful employment that are consistent with his education and occupational experience prior to July 26, 2016.

The Veteran's claim for a higher rating for his service-connected right knee strain was granted, with the effective date not specified.