Knee decisions — 2018

The Veteran withdrew his appeals of the claims for service connection for diabetes mellitus, type II and entitlement to a TDIU prior to September 19, 2013.

The Veteran's service-connected disabilities rendered him unemployable as of December 7, 2010. The effective date for the TDIU award is set at this date.

The Board has reopened the previously denied claim of service connection for a right knee disability and found that new evidence supports this reopening. However, it was determined that there is no direct link between the current right knee disabilities and service or a service-connected condition.

The Board has determined that the Veteran's left knee disorder is not related to his service and denied his claim for service connection.

The Veteran's right shoulder disability was granted an increased rating of 20 percent prior to July 11, 2017. The left knee disability received a compensable (10%) rating prior to October 11, 2013 and denied any increase in rating after that date.

The Board has denied service connection for right and left knee disabilities, finding that the Veteran's current conditions are not related to his military service.

The Board denied service connection for residuals of a left knee contusion, non-osteogenic fibroma of the left tibial metaphysis, and a back disability, finding that there was no evidence to support these claims.

The Board has determined that the Veteran's current right and left knee disabilities are not related to his service, either directly or secondary to a service-connected condition.

The Veteran's service-connected disabilities, including lumbar spine disability, left knee disability, neuropathy of the face with motor dysfunction, bilateral shoulder disability, radiculopathy in bilateral lower extremities, left hip disability, and right finger disability, have rendered him unemployable prior to July 30, 2015. The Board granted his claim for a total disability rating due to individual unemployability (TDIU) based on the combined impact of these disabilities.

The Veteran's initial claim for a compensable rating for residuals of left knee stress fracture was granted, with the effective date being June 19, 2014. The Veteran also received an increased rating to 10 percent for left knee limitation of extension from June 19, 2014. Finally, the Veteran's claim for a higher rating for dysthymic disorder was granted at a 30 percent rating effective January 25, 2010.,The Veteran received an initial compensable rating (10%) for residuals of left knee stress fracture from June 19, 2014. The Veteran also received an increased rating to 10% for left knee limitation of extension from June 19, 2014. Finally, the Veteran's claim for a higher rating for dysthymic disorder was granted at a 30 percent rating effective January 25, 2010.

The Board has reopened the claims for service connection for bilateral knee DJD and sleep apnea, but denied the claims for erectile dysfunction and Parkinson's disease. Bilateral knee DJD is not considered related to service, while sleep apnea was first noted after service.

The Veteran's left knee disability was granted a separate 20% rating for swelling, pain and effusion from July 5, 2013 to June 4, 2014. A higher 20% rating was granted as of October 1, 2014. The Veteran also received a TDIU based on his service-connected disabilities.

The Veteran's hypertension is granted as service connected, and his right knee disability remains at a 10% rating. The TDIU claim is denied.

The Board has decided to remand the Veteran's claims of service connection for lower back disorder, left knee disorder, and right knee disorder due to incomplete records and a need to consider his service-connected atopic eczematous dermatitis.

The Board has granted service connection for bilateral hearing loss disability, tinnitus, and left knee disability. The claims of service connection for back disability, neck disability, and right knee disability are denied.

The Veteran's appeal for an initial rating higher than 10 percent for a left knee disability was dismissed due to the Veteran withdrawing his appeal. The Board also remanded the issue of service connection for sleep apnea.

The Board has reopened the claim of service connection for a right knee disability due to new and material evidence. The Veteran's current right knee condition is found to be related to his in-service injury, resulting in a grant of service connection.

The Veteran's service-connected disabilities require him to use a motorized scooter for mobility, meeting the criteria for special monthly compensation based on aid and attendance. Additionally, his permanent and total disability due to service-connected conditions precludes locomotion without aids like braces or crutches, qualifying him for assistance in acquiring specially adapted housing.

The Board has remanded the cases due to the need for updated VA treatment records and a new VA examination.

The Veteran's quadricep tendon rupture of the right knee is being remanded for further examination and review. The issues of compensation under 38 U.S.C. § 1151, service connection as secondary to a service-connected disability, and temporary total evaluation are also being remanded.