Knee decisions — 2017

The Board has remanded the case for additional development due to a Joint Motion for Remand (JMR) and Court Order.

The Board has granted a separate 10 percent rating for slight lateral instability of the left knee, effective from March 14, 2008. The Veteran's chondromalacia of the left knee, status post arthroscopy, is rated at 10 percent since August 20, 2014.

The Veteran's appeal for increased ratings for his right elbow and right knee disabilities has been denied. The Board found that the evidence did not support a higher rating for either condition during the relevant time periods.

The Veteran's left knee disability is not entitled to increased ratings based on limitation of motion or instability.

The Veteran's mood disorder, to include depression and anxiety, is at least as likely as not aggravated by her service-connected hysterectomy residuals and breast cancer with lumpectomy and lymph node resection. The Board finds that the evidence for and against the claim on a secondary basis is at least in equipoise and the decision should be decided in favor of the Veteran.

The Board found that the Veteran's current right knee disability is due to a post-service motorcycle accident, and not related to his service. The claim for secondary service connection for sleep disorder was remanded.

The Veteran's right knee disability was rated at 40 percent effective December 10, 2013. The appeal is denied for higher ratings.

The Board has determined that the Veteran does not have a left knee disorder that is attributable to military service or was caused or made worse by his service-connected right knee disorder, and therefore denied the claim for service connection.

The Board found that there is no evidence to support the Veteran's claim of service connection for DJD of the bilateral knees. The most persuasive evidence indicates that his knee disorder began around age 50, which aligns with the onset of arthritis in the general population.

The Veteran's TDIU claim is denied as he is currently employed and able to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's right knee disorder is related to his active service, but there is insufficient evidence to establish a connection between his left knee disorder and his military service.

The Board has denied the Veteran's claims for service connection for low back, bilateral hands, and bilateral knees disabilities as there is no competent evidence of current disability or a nexus to active service.

The Board has decided to remand the case for additional development, including obtaining records from the Veteran's periods of active duty for training and inactive duty for training, as well as an addendum opinion on whether the Veteran's service connection claim is based on aggravation of a pre-existing condition.

The Veteran's nail fungus is likely the result of his service-connected dermatomycosis and atopic dermatitis. The Board did not find evidence for a current bilateral knee, ankle, eye, or swollen joints disability to establish service connection.

The Veteran's chest pain with shortness of breath is found to be related to service, and he has been granted presumptive service connection for this condition. The bilateral hip strain and right knee strain are not addressed in the decision.

The Board has determined that the Veteran's left knee surgery complications and deep vein thrombosis did not require a temporary total rating beyond February 1, 2010.

The Veteran's right knee disability, including arthritis, has been rated at 10 percent since November 2005. The Board found that the current rating is appropriate as the Veteran's range of motion was not limited to less than 10 degrees of extension or flexion.

The Veteran's appeal is currently pending and requires additional development including obtaining medical records, scheduling VA examinations for her left knee and left hip disabilities, and reviewing the claims file.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his cervical spine and left radial shaft disabilities, as well as the etiology of his bilateral hand arthritis, right elbow and wrist pain, right subacromial bursitis, left scapulothoracic bursitis, lumbar strain, right ankle sprain, and left knee arthritis.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and addressing the propriety of severing service connection for a left knee condition.