Knee decisions — 2017

The Veteran's left knee osteoarthritis was manifested by no greater than complaints of stiffness and occasional swelling; objective findings of pain; effusion; dislocated cartilage; flexion to 95 degrees and extension to 95 degrees, not additionally limited following repetitive use. The criteria for a disability rating in excess of 20 percent for left knee arthritis were not met.

The Veteran's appeal is being remanded for additional development to obtain medical records and opinions regarding the etiology of his claimed knee, neck, and back disabilities.

The Veteran's TDIU claim is being remanded due to the need for further development, including consideration of new evidence and a VA examination. The appeal will be returned to the Board after this additional review.

The Veteran's left knee conditions have been rated based on their direct service connection, with a current rating of 10 percent for limitation of flexion associated with DJD and limitations in extension. The issues related to instability are addressed under the appropriate diagnostic code.

The Veteran's service-connected PTSD and degenerative arthritis of the left knee did not render him unemployable prior to September 1, 2015. The Board denied his claim for a TDIU during this period.

The Board found that the Veteran does not have a current diagnosis of bilateral knee, ankle, or foot disabilities and thus did not meet the first element of service connection.,Therefore, the claims for service connection for bilateral knee, ankle, and foot disorders were denied as there was no evidence of a current disability related to active duty service.

The Veteran's appeal for increased ratings for his right knee disabilities was denied. The Veteran is not entitled to a rating in excess of 20 percent for chronic synovitis with degenerative joint disease and limited extension prior to April 24, 2013, or a rating in excess of 60 percent for right total knee replacement from August 9, 2016.

The Veteran's right knee disability was reduced from a 30 percent rating to a 10 percent rating, effective September 1, 2010. The claim for restoration of the 30 percent rating is granted.,New and material evidence has been received to reopen the claim of service connection for cervical spine disability.

The Veteran is seeking a TDIU based on her service-connected disabilities, which include right foot and left foot hallux valgus, post-operative bunionectomy; right foot metatarsalgia, post-operative; right and left hip strain; right and left knee strain; post-operative healed left ankle fracture with ORIF; residual scars left foot/ankle, right foot; surgical scars of the right and left great toes and right foot. The Veteran asserts that her service-connected disabilities prevent her from working due to pain caused by these conditions.

The Board has determined that the Veteran does not have current right toe or left knee disabilities and therefore, service connection for these conditions is denied.

The Veteran's appeals have been dismissed as he has withdrawn both issues on appeal.

The Board has determined that the Veteran's low back, right knee, and left knee disabilities are service-connected as they were incurred during his active military service.

The Board has determined that the claims for bilateral hearing loss, tinnitus, osteoarthritis of the right knee, and osteoarthritis of the left knee are not ripe for appellate disposition. The Veteran's claim for service connection for right spermatocele is also remanded due to a lack of an SOC.

The Board has remanded the case for further development, including obtaining SSA records related to the Veteran's claims.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as the additional disabilities are not shown to be proximately caused by VA fault or an unforeseen event.

The Board found that the Veteran's left leg and right knee disabilities did not have their onset in service or are otherwise related to his military service. The VA examinations concluded that these conditions are more likely due to natural progression of osteoarthritis, which began after service.

The Veteran's service-connected disabilities have rendered him unemployable since April 28, 2006.

The Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment consistent with his education, training and work experience. The Board finds the Veteran experienced symptoms of obstructive sleep apnea during service and that his current sleep apnea condition has been determined to be related to sleep issues suffered in service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting examinations to assess the severity of his left knee and hip disabilities. The issue of total disability based on individual unemployability (TDIU) will also be referred for extra-schedular consideration.

The Veteran's service-connected right knee, cervical spine, and lumbar spine disabilities did not render him unemployable prior to April 16, 2012. The Board found that the combined rating of these conditions was less than 70% and thus could not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). As such, the Veteran's claim for a TDIU on an extra-schedular basis prior to April 16, 2012 was denied.