Knee decisions — 2017

The Veteran's service connection claim for cervical spine DJD is granted. The Board finds that arthritis in the Veteran's cervical spine was manifest to a compensable degree within one year of separation from service, warranting service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA and service personnel records, as well as VA treatment records. The claims will be recharacterized to reflect the Veteran's belief that he has right leg arthritis in his right knee.

The Veteran's appeals for higher evaluations on several knee and back conditions have been dismissed due to his withdrawal of the appeal.

The Veteran's claim for an increased rating for his chronic lumbar strain has been granted, with a current effective date of November 26, 2007. The Veteran is currently rated at 20 percent for this disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and providing an adequate VA examination to assess his ability to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran does not have a current disability of the neck/cervical spine that manifested during, or as a result of, active military service. The Veteran's service-connected hammertoes of the right foot are manifested by symptoms associated with multiple toes; they are not manifested by claw foot or other foot injuries. Prior to August 18, 2015, the Veteran's service-connected bilateral pes planus was manifested by mild symptomatology; it was not manifested by moderate symptoms with weight-bearing line over or medial to great toe, inward bowing of the tendo Achilles, pain on manipulation and use of the feet. As of August 18, 2015, the Veteran's service-connected bilateral pes planus has been manifested with marked deformity (such as pronation) and pain on manipulation and use accentuated; it has not been associated with pronounced symptoms such as marked pronation, extreme tenderness of plantar surfaces of the feet, marked inward displacement and severe spasm of the tendo achillis on manipulation. The Veteran's service-connected right knee disability is manifested by osteoarthritis with painful motion and the removal of semilunar cartilage that is symptomatic; it is not manifested by flexion to 60 degrees or less, limited extension, ankylosis, subluxation or lateral instability, impairment of the tibia and fibula or genu recurvatum. The Veteran's service-connected right knee disability does not meet the criteria for a separate evaluation of 10 percent for a right knee meniscectomy.

The Veteran's service-connected chondromalacia of the right knee resulted in flexion limited to 110 degrees, no limitation on extension, painful motion that results in some functional loss, pain on weight bearing, medial joint line tenderness, crepitus, recurrent daily swelling, slow antalgic gait, use of knee sleeves and a cane. The Board denied the claim for a disability rating in excess of 10 percent for chondromalacia of the right knee.

The Veteran's right knee DJD is rated at 10 percent, and the reduction of his migraine headaches rating to noncompensable was upheld. The lumbar spine DDD remains rated at 20 percent.

The Veteran's right and left knee disabilities are rated at 10 percent each, while his back disability is also rated at 10 percent. The Board found that the evidence does not support higher ratings for any of these conditions.

The Board has remanded the Veteran's claims for further development due to insufficient medical opinions and examination reports.

The Veteran's appeal is denied as his service-connected left hip and knee disabilities do not warrant higher ratings under the applicable rating criteria.

The Board found that the Veteran's right knee degenerative joint disease did not manifest in service or within one year thereafter, and the most probative evidence is against a finding that his current right knee disability is related to service.

The Board has granted service connection for bilateral ankle strain and bilateral knee strain as secondary to the Veteran's service-connected right hip disability.

The Board has determined that the Veteran's left knee disability was not aggravated by service, and therefore cannot be granted as secondary to a service-connected right knee disability.

The Veteran's claims for service connection for bilateral knee condition and lumbar degenerative disc disease are being remanded due to the need for additional examination as some or all of his service treatment records may have been lost.

The Veteran's service-connected digestive disability, including GERD and dysphagia, is rated at 30 percent. The Board finds a separate rating of 10 percent for esophageal stricture under Diagnostic Code 7203.

The Board has granted service connection for erectile dysfunction and left lower extremity radiculopathy, effective February 1, 2012. The Veteran's claims for increased ratings of his cervical spine disability, right and left knee disabilities, as well as, service connection for erectile dysfunction are remanded to allow for further development.

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

The Board has determined that the Veteran's low back and left knee disorders are at least as likely as not related to her military service, with resolution of reasonable doubt in her favor. The cervical spine disorder and acquired psychiatric disorder claims require additional development.

The Board has remanded the case for further development, including verification of the Veteran's periods of active duty training and inactive duty training. The Veteran should be afforded a VA examination to determine if he has a current right knee disability related to his service.