Knee decisions — 2017

The Board denied the Veteran's claim for service connection for a right knee disability, finding that his current condition is not related to his military service or his service-connected claw toes.

The Veteran's left knee degenerative joint disease is service connected and a compensable rating of 10 percent has been granted for his right thumb-right index finger disability. The higher rating claim for the right knee remains pending.

The Veteran withdrew his claim for an increased rating for his right knee disability in a statement dated April 2012, and the appeal is dismissed.

The Veteran's knee and lumbar spine conditions have been rated based on their current severity.,No separate rating for left knee meniscectomy is warranted as the condition does not result in symptoms.

The Veteran's appeals for left knee disability, bilateral eye disability, and hypertension were dismissed due to the failure to file a timely substantive appeal.

The Veteran's left knee disability, characterized by meniscus impairment with pain, locking and effusion in the joint, has been rated at 20 percent since September 17, 2001. The Board finds that a higher rating is warranted due to frequent episodes of locking, pain, and effusion into the joint.

The Board found that the Veteran does not have current diagnoses of right ankle sprain, left tibia fracture, bilateral shin splints, or a left knee injury and therefore denied service connection for these conditions.

The Board denied the Veteran's claim of entitlement to service connection for a bilateral knee disability, finding that his current knee disabilities were not incurred in or aggravated by active service and are not proximately due to or aggravated by a service-connected disability.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for MRSA is denied, and his TDIU claim on an extraschedular basis is granted.

The Veteran's COPD is not service-connected, as it is neither causally nor etiologically related to her active service or secondary to her service-connected sinusitis.,The Veteran's right knee instability has been rated at 10 percent since August 2010. The examiner noted that the Veteran had a history of smoking and was currently in need of aid and attendance, which is not considered for rating purposes under Diagnostic Code 5261.

The Veteran's appeal regarding the reduction of his cervical spine, lumbar spine, and bilateral knee disabilities to noncompensable ratings was denied. The Board found that the procedural safeguards were met and that there was no evidence of an improvement in the disability.

The Board has remanded the service connection matters for additional development based upon the Veteran's Southwest Asia Theater of Operations (SWATO) service. The Veteran is seeking to establish service connection for his hip, knee, and ankle disabilities as due to an undiagnosed illness or fibromyalgia.

The Board has determined that arthritis in both the right and left knees originated during active service, granting service connection for these conditions.

The Board found that the Veteran's current right knee disability, including arthritis, was not manifest in service or to a degree of 10 percent within one year of separation; is unrelated to service; and was not caused or aggravated by his service-connected left knee disability. Therefore, the claim for service connection for right knee disability is denied.

The Veteran's claim for an increased rating for his degenerative arthritis of the left knee was denied by the Board. The case is now remanded for additional development, including a new VA examination to assess the current severity of the condition and determine any functional loss due to pain or other factors.

The Veteran's service-connected disabilities, including depressive disorder and multiple musculoskeletal conditions, have rendered her unable to secure or follow substantially gainful employment since May 1, 2007.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional examinations and development of records.

The Veteran's claims for increased ratings have been withdrawn. The remaining issues are remanded for further development and readjudication.

The Veteran's appeal is being remanded for further VA examinations and to obtain updated treatment records. The issues include increased disability ratings for various service-connected joint disabilities, as well as a claim for individual unemployability.

The Board has determined that the Veteran does not have a current right or left knee disability, and there is no evidence of an acquired psychiatric disorder (depression and PTSD) related to service. The preponderance of the evidence fails to establish any such relationship.