Knee decisions — 2018

The Board has granted service connection for a lumbar spine disability and bilateral knee disability on the basis of secondary aggravation. The TDIU claim is also granted.

The Veteran's request for a higher rating for his right knee arthritis, with instability, is denied. The earlier effective date of January 22, 1993, for the grant of service connection for left knee arthritis is granted.

The appeal for service connection for bipolar disorder claimed as memory loss is dismissed. Service connection for bilateral hearing loss, cataracts of both eyes, obstructive sleep apnea with CPAP (claimed as sleep apnea), arthritis of knees, bilateral, arthritis of shoulders, bilateral, DDD at C4-5, C5-6, and C6-7, spondylosis with foraminal impingement at C5-6 and C6-7, claimed as arthritis of the neck, right shoulder tendonitis, tendonitis of both wrists, and spurs in fingers of both hands is dismissed.

The Veteran's claims of service connection for a left knee disorder, PTSD, and an acquired psychiatric disorder have been granted. The claim for a left knee disorder is reopened due to new evidence received since the previous denial in March 2010. Service connection has also been established for PTSD and an acquired psychiatric disorder on a secondary basis as it is proximately due to or the result of his service-connected right knee disability.

The Board has decided to remand the claims for service connection for degenerative joint disease of the left hip, right hip, left knee, and right knee due to lack of a VA examiner's opinion on whether these conditions are related to in-service military duties. The Veteran is also asked to provide authorization for VA to obtain his private treatment records.

The Veteran's service-connected mood disorder prevents him from maintaining substantially gainful employment due to its impact on his work and school abilities, as well as his physical disabilities.

The Veteran's claims for service connection for lumbar spine and right knee disabilities have been reopened, with the Board finding that new and material evidence has been received to support these claims.,Service connection is granted for bilateral hearing loss and tinnitus. The Veteran's combat exposure during active duty in Vietnam is accepted as sufficient proof of in-service acoustic trauma.

The Veteran's right knee disability is denied as there is no nexus between the current condition and his active military service.,Service connection for heart arrhythmia is denied due to lack of functional impairment of earning capacity.,Diabetes mellitus type II is not granted as there is no evidence of a diagnosed disability, only hyperglycemia and prediabetes.,Cerebral and cerebrallar atrophy is not granted as the Veteran's current condition does not have a nexus to his active military service.

The Board has granted service connection for residuals of frostbitten feet. The claims for left and right knee disabilities secondary to residuals of frostbitten feet are remanded.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, upper and lower respiratory disability, bilateral knee degenerative changes, left elbow epicondylitis; olecranon bursitis, muscle injuries, obstructive sleep apnea, hypertension (claimed as high blood pressure), GERD, and erectile dysfunction. The Board found that the Veteran did not have a current diagnosis of any of these conditions or that they were related to service.

The Veteran's bilateral hearing loss is rated at zero percent and noncompensable, effective from September 27, 2007.,The Veteran’s shell fragment wound of the left leg and knee with moderate instability of the knee, mild internal derangement, and mild muscle injury, muscle group XII, is currently classified as moderate and rated at 10 percent, effective from May 1, 1993. The Board determined that his condition more closely approximates a moderate muscle disability.,The Veteran's hepatitis C is rated at 10 percent, effective from November 20, 2002. The medical evidence shows intermittent fatigue, malaise, and anorexia without weight loss or hepatomegaly.

The Board has remanded the case due to inadequate medical examination and failure to provide adequate reasons and bases for the rating assigned. The Veteran's left knee disabilities are being reviewed again, with a focus on functional loss during flare-ups and whether his posttraumatic tricompartmental degenerative joint disease warrants a separate rating under Diagnostic Code 5262.

The Board has remanded several issues related to the Veteran's service connection claims, including those for a right knee disability, residuals of heat exhaustion, sinusitis, allergic rhinitis, heart disability, rashes on upper arms and lower legs, residuals of insect bites, and residuals of a head injury. The reasons include incomplete medical records and the need for further examinations to determine the nature and etiology of these disabilities.

The Veteran's service-connected conditions, including PTSD and cervical spine disorder, have rendered him unable to secure or follow a substantially gainful occupation. The Board granted TDIU based on the benefit of the doubt.

The Veteran's appeal was timely filed, and the Board found that his claims for increased ratings and service connection were granted.

The Board has denied service connection for cold injuries and depression. The claims of whether new and material evidence has been received to reopen a claim for service connection for bilateral flat feet, generalized primary osteoarthritis, knee replacement resulting from bone cancer, hypertension, prostate cancer, diabetes, and migraine headaches are remanded due to missing service treatment records.

The Veteran's appeal of the initial disability ratings for tinnitus, PTSD with major depressive disorder prior to March 7, 2016, lumbar arthritis, left lower extremity radiculopathy, left knee patellofemoral syndrome, right knee patellofemoral syndrome, and left ear hearing loss has been dismissed due to the Veteran's withdrawal of his appeal for tinnitus. The remaining issues are being remanded for further evaluation.

The Board denied the Veteran's claims for service connection for various conditions, including low back injury, bilateral hip injuries, and knee disorder. The claim for respiratory disorder due to in-service asbestos exposure was remanded.

The Board denied service connection for various conditions, including left knee condition, right knee condition, fecal incontinence, IBS, and urinary incontinence, all of which were deemed not related to service or a service-connected disability.

The Board finds that the Veteran's current bilateral knee disability is likely related to his military service, and grants service connection for this condition.