Knee decisions — 2017

The Board has denied the Veteran's claims for service connection for a right shoulder disability, bilateral knee disability, and acquired psychiatric disability (other than substance-induced anxiety disorder). The claim for left elbow disability was not reopened. Service connection on direct incurrence basis is legally precluded.

The Veteran's left knee disability is currently rated as 10 percent disabling for arthritis, but the Court has directed a review of Diagnostic Codes 5258 and 5259 to determine if separate ratings are warranted due to symptoms related to meniscal injury.

The Veteran's TDIU claim is being remanded for additional development, including a VA examination to assess his employability due to service-connected disabilities.

The Board denied the Veteran's petition to reopen his claim for service connection for a low back disability and denied entitlement to service connection for an acquired psychiatric disorder. The right knee increased rating claim was also denied.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, ankle disorders, knee disorders, hip disorders, and psychiatric and gastrointestinal issues, were denied as there is no competent evidence of current disabilities or a link to service.

The Board has determined that the Veteran's orthopedic disorders, including meralgia paresthesia of the left leg/thigh and osteoarthritis of the left knee, chronic muscular strain of the cervical spine, chronic muscular strain of the AC joint, and chronic muscular strain superimposed on degenerative instability of the lumbar spine, were not incurred in or aggravated by service. The Board finds that these conditions are less likely than not related to service.

The Board has determined that it is as likely as not that the Veteran's right knee disorder is aggravated by his service-connected left knee disability. Therefore, the claim for service connection for a right knee disability is granted.

The Board has determined that the Veteran does not have a right knee disability that is caused by his active military service or proximately due to a service-connected left knee disability, and thus denied the claim for service connection.

The Board has remanded the case due to inadequate opinion regarding whether the Veteran's right knee disability is aggravated by his service-connected left knee disability. The claim will be returned for further development.

The Board has remanded the case for additional development, including obtaining private and VA treatment records, verifying service dates, and providing a supplemental medical opinion regarding secondary service connection.

The Veteran's claims for increased ratings for his service-connected knee disabilities have been denied. The Board found that the evidence did not meet the criteria for higher evaluations.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his bilateral knee disorders. The issues of increased ratings for right shoulder disabilities are also being addressed.

The Board found no evidence of an in-service injury or disease that caused the current left knee disorder, and there is insufficient medical opinion to establish a link between the current condition and service. The Veteran's current left knee disorder was not incurred in or aggravated by service.

The Veteran's claim for an increased rating for hypertension was granted, and he is now rated at 10% for this condition. The claims for service connection for various joint conditions (left knee, right knee, left hip, right hip, left shoulder, right shoulder) and restless leg syndrome were reopened due to new evidence received since the last final denial in 1990.

The Board denied the Veteran's claims for increased ratings for his right knee and left knee degenerative changes, as well as a separate rating for left knee extension contracture. The claim for service connection for left ear hearing loss was also denied. No effective date is provided.

The Board has restored a 10 percent evaluation for the Veteran's service-connected degenerative joint disease of the right knee, finding that there is sufficient non-overlapping symptomatology to support separate ratings.

The Veteran's appeal is being remanded for further development, including additional VA examinations and consideration of his claims.

The Veteran's appeal is granted, with service connection for degenerative disc disease of the lumbar spine and left leg sciatica with intervertebral disc syndrome established. Effective July 25, 2012, he was awarded a 30 percent rating for adjustment disorder with mixed emotions and conduct, depression and primary insomnia (claimed as posttraumatic stress disorder). The Veteran's effective dates are granted for the service connection determinations.

The Veteran's claims for increased ratings and effective dates were granted, while his service connection claims for left knee and shoulder arthritis were denied due to lack of evidence linking the conditions to service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records and scheduling a new VA examination to evaluate his left and right knee disabilities.