Knee decisions — 2017

The appeal has been dismissed as the accredited representative withdrew the appeal for entitlement to an increased rating for a left knee disability.

The Board has determined that the Veteran's right ankle and left knee conditions were not incurred or aggravated by service, as there is no clear and unmistakable evidence of pre-service existence and no medical opinion linking these conditions to service. The appellant's claims for service connection are therefore denied.

The Board has granted service connection for bilateral carpal tunnel syndrome, finding that it was aggravated by active service. Service connection is denied for gout tophaceous arthritis.

The Veteran's combined rating is 50%, and his service-connected disabilities do not render him unable to obtain and maintain gainful employment. The Board finds that the preponderance of the evidence is against the claim for a TDIU.

The Veteran's service-connected DJD of lumbar spine disability is rated at 20 percent. The Board finds that the evidence supports a higher rating, as his condition manifests with limitation of motion to 42 degrees flexion and 8 degrees extension.

The Veteran's right hip disability is manifested by limitation of motion, with painful motion and subjective complaints of severe pain and flare-ups. The Board has granted a rating of 20 percent for the entire appeal period.

The Board denied the Veteran's claims for increased rating and service connection, finding that new and material evidence had not been received to reopen his right knee disability claim. The Veteran's right ankle disability was assigned a maximum 40 percent rating.

The Veteran's claim for a higher rating for his left knee disability was denied. The Board found that the evidence did not support a compensable rating prior to August 10, 2015 and a rating in excess of 10 percent from that date.

The Board has reopened the Veteran's claims for service connection for low back disability and left knee disability, finding new and material evidence. The case is remanded to obtain additional examinations and opinions regarding these conditions.

The Board has determined that new and material evidence has been received to reopen the previously denied claims for service connection for right knee disorder, left knee disorder, and sleep apnea. The Veteran's cervical spine disability is being remanded for further development.

The Veteran's appeal is denied as his service-connected right knee disability does not warrant a rating in excess of 10 percent for instability or limitation of motion.

The Veteran's right total knee arthroplasty was granted an increased disability rating of 60 percent from June 1, 2014 to August 11, 2016.

The Board has granted service connection for an acquired psychiatric disorder, to include PTSD, adjustment disorder, and major depressive disorder. The Veteran's current right knee strain is related to his in-service right knee injury.

The Board has determined that the Veteran does not have a current left foot disability and finds that any left toe disorder is clearly attributable to an intercurrent cause (a post-service, work-related injury). The issue of service connection for a left knee disorder is remanded due to insufficient evidence.

The Veteran's left knee disability has been rated at 10 percent for limitation of motion and a separate 10 percent rating for instability. The appeal is granted.

The Board has determined that the Veteran does not have a current low back or bilateral knee disability that is related to service, and therefore denied both claims.

The Board denied service connection for various conditions including multiple body traumas, hypertensive cardiovascular disease, hyperlipidemia, COPD, obstructive sleep apnea, emphysema, chronic pansinusitis, low back disorder, cardio-pulmonary disorder, benign prostatic hypertrophy, and osteoarthritis of the knees, right forearm, and right hand. The appeal was decided on the merits without any presumption or secondary service connection.

The Board has determined that the Veteran's current obstructive sleep apnea (OSA) is proximately due to, or aggravated by, his service-connected major depression. Therefore, the claim for service connection for OSA is granted.

The Veteran is seeking a TDIU based on his service-connected disabilities, but the VA has not provided an opinion regarding whether he is unemployable due to these conditions. The case is REMANDED for further development.

The Veteran's current left knee and left shoulder disabilities were not incurred during active service, are not presumed to have been incurred in service, and are not related to an in-service injury, event, or disease.