Knee decisions — 2018

The Veteran's claims for service connection for left iliotibial band syndrome and left knee disability were denied as there was no evidence of a chronic condition in or immediately following service, and the current symptoms are not linked to military service.

The Veteran does not have a current right hand disability and the Board finds that service connection for this condition is denied.,Service connection for cervical spondylosis was also denied as it is less likely than not related to service-connected knee and lumbar conditions.

The Veteran's left knee disability, including instability and degenerative joint disease, has been rated at the highest possible level of disability due to his partial knee replacement surgery. He is also entitled to a temporary total rating for convalescence following the surgery.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Veteran's appeal for service connection for lumbar strain with scoliosis, a rating in excess of 50 percent for migraines, and a rating in excess of 10 percent from July 1, 2006, in excess of 30 percent from August 15, 2013, in excess of 100 percent from September 28, 2015, in excess of 30 percent from November 1, 2015, and in excess of 20 percent from January 23, 2017, for residuals ACL repair, right knee limitation of extension, and an effective date prior to October 2, 2009, for a rating of 40 percent for lumbar strain with scoliosis has been dismissed.

The Veteran's depressive disorder is granted with an effective date of April 12, 2011. The issue of a 10% evaluation for multiple noncompensable service-connected disabilities is dismissed as the Veteran has been assigned at least one compensable rating throughout the appeal period.

The Board has remanded the claims for higher ratings for service-connected knee disabilities and a fracture of the right metacarpal. The AOJ should consider this additional evidence in their first instance.

The Veteran's left knee disability is rated at 20 percent for instability and 10 percent for arthritis. A separate rating of 20 percent has been granted for semilunar cartilage damage with frequent episodes of locking, pain, and effusion.,A 40 percent rating for radiculopathy of the left lower extremity is in effect.

The Board has not received all of the Veteran's VA treatment records, particularly those from December 2013 to August 2016. The RO is required to obtain these records as they may affect the rating for the Veteran’s knee and heel conditions.

The Veteran's bilateral knee patellofemoral syndrome is rated at 10 percent since September 9, 2007. The claim for increased ratings prior to October 30, 2012 was denied.

The Veteran's claim for service connection for hearing loss has been reopened, but the evidence does not establish a current disability. Therefore, service connection is denied.,Service connection for right knee disability and anal fissures cannot be established as they are not related to in-service events or diseases.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions such as plantar fasciitis, wrist pain, bilateral hearing loss, paresthesias of the left fingers, a psychiatric disorder (to include depression), hand pain, and knee pain. The Veteran is not eligible for compensation benefits for any disabilities that began in or are etiologically related to his second period of active service from December 2001 through August 2007.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the etiology of the Veteran's low back, bilateral knee and left ankle disorders. The Veteran is also seeking service connection for a left foot disorder, but no in-service injury or event related to this condition was identified.

The Veteran's clothing allowance is being remanded because the issue of whether his back brace, bilateral knee braces, and wheelchair cause damage to his clothing has not been addressed.

The Board has remanded the Veteran's claims for additional development due to new evidence added to the record since the last adjudications.

The Board denied service connection for a bilateral hip, knee, and ankle condition as secondary to the Veteran's service-connected residual scar from a gunshot wound to the thigh.

The Board has determined that the Veteran does not have a current diagnosis of left hip or right knee disorders, and therefore, service connection for these conditions is denied.

The Board denied the Veteran's claims for service connection for a right hand disability and a right knee disability, finding that there was no evidence of in-service injury or disease leading to these conditions. The Board also noted that the Veteran's arthritis of the right hand did not manifest within the applicable presumptive period.

The Board has remanded the claims for bilateral knee disorder, hypertension, sleep apnea, and residuals of an inguinal hernia due to incomplete examination reports. The examiner is requested to address whether these conditions are related to reserve service during ACDUTRA or INACDUTRA.

The Veteran's left knee disability is granted as secondary to his service-connected right knee disability.,An earlier effective date of September 30, 2010, for the award of celiac idiopathic steatorrhea with GERD is denied.,An earlier effective date of July 11, 2012, for the award of left ankle disability is granted.,The grant of service connection for PTSD with depressive disorder was severed as there was clear and unmistakable error (CUE).