Knee decisions — 2017

The Veteran's service connection for left upper extremity carpal tunnel syndrome, posttraumatic stress disorder and depression (PTSD), and right upper extremity carpal tunnel syndrome has been granted.,Initial ratings of 30 percent, 50 percent, 20 percent, and 40 percent have been assigned for PTSD, carpal tunnel syndrome of the left upper extremity, carpal tunnel syndrome of the right upper extremity, respectively.

The Board has determined that the Veteran's current dry eyes are not etiologically related to service, and his photophobia is a symptom of a nonservice-connected disability. Therefore, the claim for service connection for a bilateral eye disorder is denied.

The Veteran's right knee disorder is found to be related to his active duty service.,Service connection for hypertension has been granted.

The Veteran's claims for a left knee disability and a skin disorder are being remanded due to the need for additional examinations.

The Veteran's DJD of the right knee is currently rated at 10 percent for instability since August 13, 2013.,No higher ratings are warranted as his flexion and extension do not meet criteria for a compensable rating.

The Veteran's claims for effective dates prior to January 30, 2006 and August 13, 2012 were granted. Effective dates of October 26, 2005 (prior to the grant of service connection) and August 13, 2012 (for radiculopathy), respectively, have been assigned.,The effective date for the grant of service connection for radiculopathy was determined based on the first chronic manifestations sufficient to identify the disease entity during the appeal period. These were identified in a VA examination conducted on August 13, 2012.

The Veteran's claim for an increased rating for his service-connected right knee disability was denied, as the evidence did not meet the criteria for a higher evaluation.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board decision.

The Veteran's appeal has been withdrawn due to his failure to report for a scheduled hearing and the Board considering it dismissed.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling prior to December 26, 2012 and 60 percent disabling since that date. The cervical spine disability was also rated at 20 percent prior to December 26, 2012 and 60 percent since then.,The Veteran's chronic headaches are currently rated as 50 percent disabling.

The Board has determined that the Veteran's generalized joint disease (to include the elbows, wrists, knees, feet, and hands) is not related to her active duty service. The evidence does not support a finding of service connection for this condition.

The Board found that the Veteran's bilateral knee disability did not manifest within one year of his separation from service and is not otherwise related to a disease or injury in service. The lumbar spine disability does not meet the criteria for an evaluation higher than 40 percent, as symptoms do not include ankylosis or incapacitating episodes due to intervertebral disc syndrome. However, there are mild incomplete paralysis of the lower extremities associated with the lumbar spine disability.

The Veteran is seeking service connection for various upper and lower extremity disabilities, including shoulder, elbow, and knee conditions. The Board has determined that additional development is needed to determine the nature of these disabilities and whether they are related to his service-connected cervical spine disability and/or cervical radiculopathy.

The Board finds that new and material evidence has been received to reopen the claims for service connection for a right knee disorder and an allergy disorder (now claimed as hay fever).,Service connection is granted for both conditions, with the right knee arthritis receiving a 50% disability rating.

The Veteran's sleep apnea has not manifested with persistent day-time hypersomnolence or the need for a breathing assistance device, thus no compensable rating is warranted.,There is insufficient evidence to establish current hypertension and skin disorder diagnoses. Service connection for these conditions cannot be granted as there are no current disabilities present.,The Veteran's right knee disorder is at least as likely as not related to active duty service.

The Board finds the evidence is in relative equipoise as to whether the Veteran's bilateral knee condition is etiologically related to service, and grants the claim of entitlement to service connection for a bilateral knee condition.

The Veteran's claim for service connection for a left knee disorder is being remanded due to the need for additional development, including an examination and review of private medical records.

The Veteran's low back disability is found to be secondary to his service-connected lower extremities. His left knee disability has been granted a rating of 60% since March 1, 2012.

The Veteran's bilateral above-the-knee amputations are being remanded for additional development, including obtaining medical records and addressing discrepancies in ulcer characterization.

The Board has remanded the case for additional development, including obtaining updated VA outpatient treatment records and any private treatment records identified by the Veteran. The claim of entitlement to a TDIU under 38 C.F.R. § 4.16(b) will be referred to the Director of Compensation Service if there is evidence of unemployability due solely to service-connected disabilities and the Veteran is not found to meet the schedular threshold criteria for a TDIU for any period on appeal.