Knee decisions — 2017

The Board has determined that the injuries sustained in a May 1982 motor vehicle accident were not incurred in the line of duty due to the Veteran's own willful misconduct and intoxication. As such, service connection for any disabilities stemming from this incident is denied.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's right knee and low back disabilities were aggravated by his service-connected left knee disorder.

The Board has remanded the case for additional development, including obtaining missing service treatment records and conducting further adjudication.

The Veteran's claims for service connection have been granted, with the exception of those related to urinary incontinence and residuals of TBI. The remaining conditions are found to be directly related to his military service.

The Veteran's service-connected disabilities render him unemployable, and the Board finds that he is entitled to a TDIU on an extra-schedular basis.

The Board denied the Veteran's claims for service connection for various conditions, including skin disease, right shoulder disorder, elbow disorder, low back disorder, knee disorders, left ankle disorder, foot disorders, pulmonary disorder, and heart disorder. The decision found that new evidence did not reopen the claim of skin disease, and that none of the other conditions were related to service or a pre-existing disability.

The Board finds that the Veteran's current right knee condition is not related to service or a service-connected condition, and thus denies her claim for service connection.

The Board has determined that the Veteran does not have a current right knee disability and finds no evidence of service connection for his claimed condition. The claim is denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining private treatment records and scheduling a new VA examination.

The Board has determined that the Veteran's claimed bilateral foot numbness, right knee disability, and left great toe disability are not service-connected as they are not shown to be due to or aggravated by a service-connected condition.

The Veteran's service-connected right knee strain with instability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

During the entire period on appeal, the Veteran's postoperative residuals of the left knee was manifested by no worse than moderate recurrent subluxation or lateral instability. The criteria for entitlement to an increased rating were not met.

The Board has determined that the Veteran's claimed low back, bilateral hip, left knee, and bilateral ankle disabilities are not caused or aggravated by his service-connected right knee disability.

The Veteran's basic eligibility for specially adapted housing was denied as he does not meet the criteria due to his service-connected disabilities. The case is remanded for scheduling a videoconference hearing on the issue of entitlement to automobile and adaptive equipment or adaptive equipment only.

The Veteran's right knee strain and obstructive sleep apnea have resulted in a combined rating of 60%, which does not meet the schedular criteria for TDIU. However, due to significant functional limitations caused by his service-connected disabilities, including right knee, cervical spine, left foot, and right foot conditions, he may be eligible for extraschedular TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess his hearing loss, knee conditions, and neck condition.

The Board finds that the Veteran's left knee DJD is more likely than not caused by his service-connected right total knee replacement, as evidenced by his history of favoring his right knee and subsequent development of DJD in his left knee.

The Veteran's back disability, left knee disorder, and left arm tendonitis have been granted service connection. The Veteran is entitled to a separate rating of 10 percent for radiculopathy of the right lower extremity associated with her lumbar spine disability. She also received a 10 percent rating for her left knee disorder.

The Board has determined that the Veteran's bilateral hearing loss and left knee condition with residual scars are related to his military service. The claim for a bilateral foot condition is being remanded as it requires additional development.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the nature and etiology of his left knee, lumbar spine, and psychiatric disorders. The right knee rating issue will also be addressed.