Knee decisions — 2017

The Veteran's migraine headaches have been rated as 50 percent disabling since September 1, 2011. The Board finds that the evidence is in equipoise regarding whether this rating has been warranted.

The Veteran's acquired psychiatric disorder, adjustment disorder with depressed mood, is rated at 30 percent since August 18, 2016. The Veteran's mild peripheral neuropathy of the medial plantar nerve in both lower extremities and migraine headaches are all rated as noncompensable.

The Veteran's overpayment debt for additional VA compensation benefits for her dependent spouse was granted, except for the period from April 2004 to October 2004 when she was not married.

The Veteran's right hand disability is not service-connected as it was not incurred in or aggravated by his military service.,The Veteran's right knee disability is also not service-connected, and the Board finds that any current disability is not proximately due to a service-connected condition.

The Veteran requested to withdraw his appeal for service connection of a bilateral knee disability, and the Board has dismissed this issue.

The Board denied the Veteran's appeal as his substantive appeal was not filed within the required time limits.

The Board has determined that the Veteran does not have a right knee disability that is related to service and therefore denied his claim for service connection. For the issue of cyst/hydrocele with epididymitis, the Board found no evidence of complete atrophy of both testicles, which would warrant a higher rating.

The Board has remanded the claims for additional development and examination to determine if the Veteran's shoulder and knee disabilities are related to his service-connected low back disability.

The Veteran's left knee disability has been rated at 10 percent since June 10, 2008. The Board found that the criteria for a higher rating under Diagnostic Code 5257 (recurrent subluxation or lateral instability) have not been met.

The Board has determined that the Veteran's bilateral ankle, knee, shoulder, and lumbar spine disabilities are related to his active duty service. The claims for these conditions have been granted.

The Veteran's claim is being remanded due to the need for a new VA examination to assess the current severity of his left knee disability, as the previous examination did not include joint testing for pain on both active and passive motion.

The case is being remanded for further development, including new examinations and efforts to obtain service treatment records. The claims will be readjudicated after these actions.

Service connection has been granted for a left knee disorder.,Service connection has also been granted for a bilateral hand disorder, including carpal tunnel syndrome.

The Veteran's appeal is being remanded to arrange another VA examination and ensure compliance with the Correia v. McDonald decision, as well as review her TDIU claim in light of any increased rating for her right knee disabilities.

The Board has remanded the case due to the Veteran's failure to appear at a previously scheduled Travel Board hearing. The case is now pending for further action.

The Veteran's appeal is being remanded for further development and consideration of her claims for service connection for left knee total replacement as secondary to a service-connected disability, and for an acquired psychiatric disorder due to sexual harassment.

The Board has reopened the claim of service connection for gout, but denied both the original and reopened claims for bilateral knee disorder due to lack of evidence linking these conditions to active duty.

The Veteran withdrew his appeal regarding the ratings for right hip total replacement with internal derangement and right knee internal derangement prior to a decision by the Board.

The Veteran's right and left knee disabilities have been rated based on their current functional limitations, with no additional disability due to pain or other factors. The ratings are within the applicable diagnostic codes.

The Board has determined that the Veteran's claimed bilateral knee, ankle, hand, and wrist disabilities are not related to his military service or any service-connected disability. The evidence does not establish a nexus between these conditions and active duty.