Knee decisions — 2017

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's joint disabilities, including low back pain, knee arthritis, and elbow inflammation, were not incurred or aggravated by active duty service. The Board finds that the current diagnoses are more likely related to post-service injuries and job-related activities.

The Veteran's right knee disorder has been rated at 30 percent since December 15, 2008. He was also granted a separate 20 percent rating for his service-connected right knee instability effective October 28, 2013.

The Board has determined that the Veteran's right and left knee disorders are not related to his active service, and thus denied both claims.

The Board has denied the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 for a left knee disability, finding that there is no clear and convincing evidence of a pre-existing condition and that any current disability is not related to military service or VA treatment.

The Veteran's TDIU claim is being remanded for additional development to consider the impact of his newly service-connected lumbar spine and associated radiculopathy on his ability to work.

The Veteran's service-connected disabilities did not render her unemployable, as she was able to secure and follow substantially gainful employment as a teacher's aide.

The Board has remanded this case for a personal hearing or videoconference hearing in accordance with the Veteran's request.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and conducting VA examinations.

The Veteran requested the withdrawal of his appeal regarding all issues on appeal, including claims to reopen service connection for knee and back disabilities, diabetes mellitus type II, and a skin disability of the face. As such, these claims are dismissed.

The Board found that the Veteran's bilateral knee disability is not caused or aggravated by his service-connected bilateral pes planus, and thus denied the claim for service connection.

The Board has determined that the Veteran's current back and bilateral knee disabilities are not related to his active service, and therefore denied his claims for service connection.

The Veteran's appeal is remanded due to the need for a new VA examination of his left knee disability, as the previous one was not compliant with Correia v. McDonald.

The Veteran's asthma was found to be incurred during active duty service, and the Board granted service connection for this condition. The issue of entitlement to service connection for a left knee condition is addressed in the REMAND portion of the decision.

The Veteran's appeals have been withdrawn by his attorney in a June 2017 letter.

The Board has determined that it is factually ascertainable that the Veteran's service-connected disabilities prevented him from retaining substantially gainful employment for a period of one year prior to his February 12, 2008 claim. Therefore, an effective date of August 20, 2007, but no earlier, has been granted for the award of TDIU.

The Board has remanded the case for additional development, including VA examinations and consideration of new evidence. The appellant's claims for service connection on appeal are pending.

The Veteran's malaria claim is denied. The Board finds reasonable doubt in the bilateral tinea pedis (jungle rot) claim and grants service connection. Service connection for residuals of basal cell cancer and squamous cell cancer, including as the result of exposure to Agent Orange, is granted. Service connection for actinic keratosis and sebaceous cysts, including as the result of exposure to Agent Orange, is denied. The Veteran's left knee degenerative joint disease, status post arthroscopic surgery, and lumbar spine condition are found to be related to service.

The Board has determined that the Veteran's left knee disorder is not related to his active service and denied his claim for service connection.

The Board has determined that the Veteran's current osteoarthritis and chondrocalcinosis of the right knee, as well as his osteoarthritis of the left knee, are not related to service. The evidence does not show chronicity in service or continuity of symptoms since service.