Knee decisions — 2017

The Board has granted service connection for sleep apnea and remanded the remaining issues for further development.

The Veteran's left knee arthritis is found to be caused by his service-connected right knee condition.,The Veteran withdrew his claim for lumbar disc disease with radiculopathy as secondary to the service connected right knee arthritis status post-meniscectomy.,Service connection for a respiratory condition due to exposure to asbestos and carbon toxins during service is granted.

The Board has restored the Veteran's 40% rating for his service-connected left knee disability, finding that the reduction was improper. The Veteran is now rated at 50% for limitation of extension and a separate 10% rating for symptomatic removal of semilunar cartilage.

The Veteran's claims for service connection for a right knee disability and chronic bronchitis are being remanded due to the need for additional medical opinions and development of VA treatment records.

The Veteran withdrew their appeals regarding increased evaluations for osteoarthritis of the right knee and dermatitis of the face before a decision was made.

The Veteran's overall disability rating is properly calculated using the Combined Ratings Table, resulting in a combined disability evaluation of 70 percent.

The Veteran's right knee arthritis is as likely as not related to his active service, and the claim for service connection has been granted.

The Veteran's right knee disability has been manifested by flexion no worse than 45 degrees and extension no worse than 5 degrees, with no evidence of ankylosis, locking, or instability. The Board finds that the disability does not warrant a higher rating.

The Veteran's service-connected disabilities do not render him unable to obtain and secure substantial gainful employment, thus the claim for TDIU is denied.

The Veteran's right eye disability is service-connected and he has been granted a TDIU. His lumbar spine disability, associated with radiculopathy of the lower extremities, remains at a 40% rating.

The Veteran's right ankle and knee disabilities were not incurred or aggravated by service. The Board found no direct service connection for the right ankle, as there was no evidence of a chronic condition within one year post-service. For the right knee, the Board noted that while the Veteran had an in-service injury, arthritis did not manifest until after separation from service and is not related to his service-connected left knee disability.

The Veteran's service-connected right knee disabilities have not met the criteria for higher ratings under applicable diagnostic codes. The current 30 percent rating for lateral instability of the knee is maintained.

The Board has remanded the case for further development, including obtaining records and a dose estimate regarding potential radiation exposure during service. The Veteran's claims will be readjudicated based on all evidence.

The Board has decided to remand the Veteran's claims for further development, including obtaining an addendum medical opinion and a VA examination.

The Board has determined that the Veteran's tension headaches occurred during service and are therefore granted service connection. The issue of a rating in excess of 10 percent for bilateral knee conditions is remanded due to the need for additional development.

The Veteran's service-connected conditions, including his cervical spine and headaches, have rendered him unable to secure or follow a substantially gainful occupation since January 1, 2010. The Board has determined that the evidence is at least evenly balanced as to whether these disabilities preclude employment, thus granting TDIU.

The case is being remanded for further development and medical clarification regarding the Veteran's claimed right knee, left hip, and left ankle disabilities. The AOJ will verify his duty status during all periods of service, attempt to secure any outstanding private treatment records, and obtain an orthopedic examination to determine the etiology of these conditions.

The Board found no evidence of a current disability related to service for either the cervical spine disorder or bilateral knee disorder, and thus denied both claims.

The Board has remanded the Veteran's claims due to new medical evidence and Social Security Administration records being added to his file, as well as a need for a TDIU claim. The case will be returned to the RO for further action.

The Veteran's right knee disorder is service-connected, and the Board finds that it began to manifest within one year of separation from active duty. The Veteran's left knee disability does not warrant a rating in excess of 10 percent due to its current range of motion.