Knee decisions — 2017

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as the issue of entitlement to a TDIU prior to January 29, 2010, are being remanded due to the need for additional development.

The Board has determined that the Veteran's right knee disability is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's left and right knee disabilities are currently evaluated as 20 percent disabling under Diagnostic Codes 5003-5257. The Board finds that the evidence does not support a higher rating for either knee.

The Board found that the Veteran's left knee disability is not related to service, despite his contentions. The VA examinations and opinions concluded that the current left knee condition is less likely than not caused by a service injury.,There is no evidence of a diagnosed left ankle disability in service or at any time since service. The VA examination found the Veteran's left ankle to be normal.

The Board has granted a TDIU rating effective from December 2008 and an extraschedular rating for the Veteran's low back disability. The decision also found that her service-connected conditions have prevented her from securing or following substantially gainful employment.

The Board has determined that the Veteran does not have service connection for gout of his bilateral ankles or knees, as there is no evidence of a diagnosis of gout during service and the current diagnoses are not related to service.

The Board denied the Veteran's claims for service connection of a right knee disability and temporary total rating based on need for convalescence following surgery, finding that his current right knee disabilities were not incurred in or aggravated by service.

The Board has determined that the Veteran's bilateral total knee replacement, low back disability and sciatic nerve disability did not have their onset in service or are otherwise related to service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the Veteran's low back and right knee disorders are related to his active service, granting service connection for these conditions.

The Veteran's claims were denied as he did not report for scheduled VA examinations, and the claims are therefore denied as a matter of law.

The Veteran's claim for service connection for a left knee disability, including as secondary to his service-connected diverticulitis, is being remanded due to the need for additional medical opinions and development of records.

The Board found that the Veteran's service from November 28, 2000, to May 28, 2004, was discharged under Other Than Honorable (OTH) conditions due to misconduct. Therefore, this period of service is considered a bar to VA benefits.

The Board found that the Veteran's left knee surgery required convalescence for a period of six months and granted a temporary total rating through January 31, 2008. The issue was remanded to determine if an extension beyond this period was warranted. After further review, the Veterans Service Center Manager determined that no extension was needed.

The Veteran's claim for an increased rating for his right knee osteoarthritis has been granted, with a 20 percent evaluation effective February 4, 2015.

The Board has remanded the case due to a scheduling issue for a videoconference hearing. The Veteran's claims for PTSD, diabetes mellitus, heart disability, and arthritis of the bilateral knees are still pending.

The Veteran is found to be unable to obtain and maintain substantially gainful employment due to service-connected disabilities, including diabetes mellitus, type II, right below the knee amputation associated with diabetes mellitus, type II, PTSD, bilateral upper extremity peripheral neuropathy, diabetic retinopathy, right foot ulcer, impotency, and amputation of the right third toe. The Board granted a TDIU based on these service-connected disabilities.

The Board denied the appellant's claims for service connection for bilateral hearing loss, tinnitus, and anxiety disorder. The right shoulder condition was rated at 20 percent prior to May 13, 2013, and 40 percent thereafter. The scar on the knee is not compensable.

The Veteran has withdrawn his appeals regarding the claims of service connection for degenerative joint disease (DJD) of the bilateral knees and an initial rating in excess of 30 percent for ischemic heart disease (IHD).

The Veteran's tinnitus had its onset in service and the Board has granted service connection for this condition. The left knee disability is also found to have an onset during service, warranting service connection.

The Veteran's appeal has been withdrawn and is therefore dismissed.