Knee decisions — 2017

The Veteran's sleep apnea was granted service connection, with the effective date set at the date of the decision.,Service connection for a right knee disability was denied due to failure to appeal the June 1994 rating decision within one year. The Veteran's claim is pending for an earlier effective date based on CUE.

The Board has determined that the Veteran's bilateral knee disability and skin condition (claimed as malignant melanoma) are not service-connected due to lack of evidence showing a direct link between his military service and these conditions.

The Board has determined that there is no evidence of a current right or left knee disability, and the appellant's complaints are not sufficient to establish service connection for these conditions.

The Veteran's appeal is being remanded for additional examinations to determine the nature and likely cause of his sleep apnea, back condition, left knee condition, and bilateral plantar fasciitis. The VA will also need to clarify if there are any other foot disorders related to his service-connected conditions.

The Board has granted an initial 10 percent rating for left knee anterior cruciate ligament reconstruction with arthritis, effective June 7, 2006. Separate ratings of 10 percent each have been assigned for instability and residuals of a medial meniscal repair.

The Veteran withdrew his appeals of the claims for entitlement to service connection for a right knee disability, a left knee disability, a lower back disability, a sleep disorder, hypertension, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, acid reflux disease, a left ankle disability, a right ankle disability, PTSD, and an acquired psychiatric disorder other than PTSD.

The Board has decided that a remand is necessary to obtain an adequate medical opinion regarding the etiology of the Veteran's right knee disability, including whether it is related to his service-connected left knee disability or if it was aggravated by any other service-connected conditions.

The Veteran's bilateral hip and left knee disabilities are found to have been incurred in service.,Service connection is denied for an acquired psychiatric disorder claimed as PTSD.

The Board has determined that the Veteran's tinnitus was not incurred in or caused by service, and thus denied his claim for service connection. The right knee disability is also denied as secondary to a service-connected condition.

The Veteran's partial left knee replacement with degenerative arthritis has not manifested chronic residuals consisting of severe painful motion or weakness, and therefore does not meet the criteria for a disability rating in excess of 30 percent.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for the additional disability of a neuroma and nerve damage resulting from VA treatment was denied as there is no evidence to support that carelessness, negligence, lack of proper skill or error in judgment on part of VA caused these disabilities.

The Board found no evidence of a current left foot disability and denied the Veteran's claims for service connection for her claimed right knee and dorsal spine disorders.

The Board has remanded the case for additional development due to failure of the Veteran to report for a VA examination and unclear notification regarding the scheduling of the examination.

The Board has determined that the Veteran's current right knee disability is not related to his active service, including a motor vehicle accident in 1956. The evidence does not show symptoms within one year of separation from service or any nexus between the current condition and service.

The Board has denied the Veteran's claims for service connection for a left knee disability, sinusitis, and thyroid disability. The evidence does not support a finding of in-service injury or disease that led to these disabilities.

The Veteran's right knee disability has been rated at 30 percent since July 7, 2003. The Board finds that a higher rating is not warranted for this period.

The Veteran is unable to secure and maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU on an extraschedular basis has been met.

The Veteran's service connection for a right eye cataract was granted. The rating of his right knee disability from December 2, 2010 to January 8, 2013, and in excess of 60 percent from March 1, 2014, remains on appeal.

The Veteran's service-connected right and left knee degenerative joint disease have been rated at 10 percent each, with no higher ratings granted due to the lack of flexion or extension limitations meeting the criteria for a higher rating under Diagnostic Codes 5260 and 5261.

The Board has determined that the Veteran's neck pain, right shoulder pain, and right knee pain are not related to his active service.,There is no medical evidence linking these conditions to his military service.