Knee decisions — 2017

The Board has determined that the evidence is in at least relative equipoise as to whether right knee strain and sleep apnea had their onset during active service, thus granting service connection for these conditions.

The Veteran is granted annual clothing allowances for the 2013, 2015, and 2016 calendar years due to use of left knee braces and back braces related to his service-connected disabilities.

The Veteran withdrew his appeal regarding the increased evaluation for left knee strain with arthralgia before the Board could make a decision.

The Veteran's claims for increased ratings for his right knee instability and arthritis prior to March 21, 2011 were denied. The RO assigned effective dates that may have been incorrect.

The Board has granted service connection for left knee instability, finding that the evidence is in equipoise as to whether the Veteran has this condition. The heart disorder claim was remanded due to insufficient rationale provided by the VA examiner regarding its relationship to service-connected conditions.

The Veteran's service-connected right knee disability is manifested by pain and limitation of motion with flexion greater than 30 degrees. The Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's service-connected disabilities, including peroneal nerve damage, degenerative disc disease of the lumbar spine with IVDS, and right hip trochanter bursitis, among others, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that he meets the criteria for a TDIU.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under VA rating criteria.

The Board denied the Veteran's claim for an effective date earlier than March 1, 2010 for the grant of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of his COPD and service connection claims.

The Board has remanded the case due to inadequate rationale in a July 2016 VA opinion regarding the relationship between the Veteran's service-connected peripheral arterial disease and his left knee disorder. The case is now pending for an addendum opinion from the same or another VA examiner.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Veteran's claims for increased ratings for right and left knee disabilities are being remanded due to the need for further development, including scheduling a VA examination.

The Board denied service connection for gallstones and gallbladder removal, gastrointestinal disorder including hemorrhoids, GERD, hiatal hernia, IBS (to include as secondary to PTSD), multiple joint pain, OSA (to include as secondary to PTSD).

The Board denied the Veteran's claims for service connection for diabetes mellitus, peripheral neuropathy of the lower extremities, hepatitis (claimed as liver disorder), lung disorder, heart disorder, rheumatoid arthritis, left shoulder disorder, right knee disorder, and left knee disorder. The decision found no evidence to support a direct relationship between these conditions and service.

The Veteran's post-operative residuals of a total right knee replacement have been rated at 30 percent since November 1, 2013. The current evidence does not support an increase in the rating.

The Board found that the Veteran's left knee disability was not incurred in service and is not related to his service-connected lumbar spine disability. The claim for secondary service connection was denied.

The Veteran's claims for service connection for bilateral knee disabilities were denied due to his failure to report for scheduled VA examinations. The claim is now denied.

The Veteran's claims for an increased rating for his left knee disability and TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran's appeal for higher ratings for his right knee disability and service connection for gout was denied. The Board found that the evidence did not support a rating higher than 10 percent for limitation of motion or instability from November 1, 2007 to March 15, 2012.