Knee decisions — 2017

The Board has determined that the Veteran's current right knee, left knee, and lumbar spine disabilities are not related to his military service. The psychiatric disorder is also not related to his military service or a service-connected disability.

The Veteran's current right knee disability is related to his active military service, and the Board finds in favor of granting service connection for this condition.

The Board has determined that the Veteran's current bilateral knee disability did not manifest within one year of separation from active service and is not otherwise etiologically related to his service.

The Board found that the Veteran's service-connected left knee disability did not contribute to his death, as evidenced by lack of treatment records indicating falls due to the condition. The previously nonservice-connected encephalopathy and gout were also considered in determining causation.

The Board has remanded the case due to a need for additional treatment records from medical providers that were not previously associated with the claims file. The Veteran is required to submit these records or provide authorization for VA to obtain them.

The Veteran's claims for evaluation of service connected degenerative joint disease of the left knee, entitlement to a TDIU, and entitlement to an extra-schedular rating for a right knee disability are being remanded due to the need for additional development.

The Board found that the Veteran's hypertension was not incurred in service and denied his claim. For his right knee disability, he is currently rated at 20 percent for residuals of medial meniscectomy under Diagnostic Code 5258. The criteria for ratings in excess of 10 percent and 30 percent for limitation of motion have not been met. However, the Veteran was awarded a separate 10 percent rating for valgus deformity beginning October 22, 2012, and a 30 percent rating for instability from July 17, 2009 to July 18, 2016.

The Veteran's claim for TDIU is being remanded due to the need for further development and consideration by the Director of Compensation Service.

The Veteran's appeal is being remanded for additional development, including obtaining an addendum opinion from the VA examiner and securing updated treatment records. The issues of service connection for a cervical spine disorder, rating for left knee disability, and TDIU are inextricably intertwined.

The Board has determined that additional development is needed to determine the relationship between the Veteran's current knee and foot disabilities and his military service, as well as to obtain all relevant medical records.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his right knee disability and obtain any pertinent treatment records.

The Veteran's left knee DJD is service-connected, and his right L5-S1 radiculopathy remains at a 20 percent rating. The remaining issues are addressed in the REMAND portion of this decision.

The Board has remanded the case due to incomplete records and further development is needed for service connection claims, including those related to knee disorders and sleep apnea.

The Veteran's right knee instability and DJD have been rated at the maximum available rating of 10 percent, with no additional ratings granted for either condition.

The Board finds that the Veteran was unemployable due to his service-connected disabilities prior to February 22, 2010 and grants a TDIU on an extraschedular basis.

The Veteran's appeal is being remanded for additional development to determine his ability to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Board has determined that the Veteran's left ear hearing loss disability is service-connected, as it was aggravated by his military service. The right shoulder disability and chronic laryngitis/laryngopharyngeal reflux (claimed as sinus problems) are not service-connected.

The Board has reopened the claims for service connection for ingrown toenail, right knee disorder, and right shoulder disorder. The evidence received since the final denial is new and material, raising a reasonable possibility of substantiating these claims.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his bilateral knee disabilities. The claims will be readjudicated after all relevant evidence has been considered.

The Board has determined that the Veteran's current right knee, left hip, and left ankle disabilities are not service-connected. The evidence does not support a finding of in-service injury or disease for any of these conditions.