Knee decisions — 2017

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from April 16, 2003. The Board finds that the evidence is at least in relative equipoise as to whether his service-connected disabilities alone precluded him from securing and following substantially gainful employment on an extraschedular basis effective April 16, 2003.

The Veteran's right knee disability is currently rated at 10 percent, and his left knee disability is also rated at 10 percent. Both knees have limited range of motion due to pain.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to June 11, 2015. The Board found that the preponderance of evidence was against a finding that it is at least as likely as not that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for pseudofolliculitis barbae and a left knee disorder, including as secondary to his right knee condition. The VA will obtain relevant medical records and provide new opinions regarding the etiology of these conditions.

The Board has determined that the Veteran's right knee disability was not incurred in service, is not secondary to a service-connected condition, and there is no evidence of aggravation during his second period of active duty. As such, the claim for service connection is denied.

The Board has determined that the Veteran's right knee disability did not have its onset in service, was not shown to be related to his service-connected bilateral ankle disabilities, and is therefore denied. The issue of entitlement to service connection for obstructive sleep apnea remains pending.

The Board has remanded the case for further development due to incomplete service treatment records and other issues.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's service-connected cervical spine disability is rated at 20 percent, and the Board found that it does not warrant a higher rating based on additional limitation of motion or other factors. The claims for bilateral shoulder, hip, knee disabilities, and right lower extremity peripheral neuropathy were denied as they are not proximately due to or aggravated by service-connected conditions.

The Veteran's preexisting left knee disorder was aggravated by active service, and the Board has determined that she is entitled to service connection for this condition. The right hip bursitis rating issue remains pending.

The Veteran's right knee disability was rated at 10 percent prior to October 8, 2014. From October 8, 2014 to December 31, 2014, he received the maximum schedular rating of 100 percent due to convalescence following surgery. From January 1, 2015 to March 30, 2015, his right knee extension was rated at 40 percent. Since June 1, 2016, he has been rated at 60 percent for postoperative residuals of total right knee replacement.

The Veteran's appeal is being remanded due to the need for additional examinations and opinions regarding his service-connected left knee disability, as well as the relationships between his various disabilities. The claims are also inextricably intertwined with TDIU and DEA.

The Board has reopened the claims of service connection for low back disability and bilateral carpal tunnel syndrome, finding new and material evidence. Service connection is granted on a secondary basis to the left ankle disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of his bilateral knee disabilities.

The Board found that the Veteran's current bilateral knee disorders are not related to his active duty service and denied both claims for service connection.

The Veteran's left knee disability is rated at 10 percent for osteoarthritis, and he is granted a TDIU based on his service-connected disabilities.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his active service.,Service connection for degenerative joint disease of the left knee, right flatfoot, and bilateral hearing loss is granted.

The Veteran's service-connected disabilities, including left knee degenerative joint disease and instability, as well as depressive disorder, prevent him from securing or following substantially gainful occupation.

The Veteran's partial left knee replacement has been rated at 60 percent since April 1, 2016. The previous ratings for lateral collateral ligament laxity of the left knee have not met criteria for higher ratings.