Knee decisions — 2018

The Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU until March 19, 2009, and they did not cause him to be unable to obtain and retain substantially gainful employment prior thereto.

The Board has granted the Veteran's claim for TDIU, finding that his service-connected disabilities limit him to sedentary employment. The earlier effective date claim for asthma was withdrawn by the Veteran.

The Board has granted service connection for the Veteran's right and left knee disabilities, as well as his back disability. The claims were reopened based on new evidence received since the last final denial.

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of his bilateral ankle condition, left knee condition, and back condition.

The Veteran's claims for increased ratings for his right knee and left upper arm radiculopathy have been denied as the evidence does not show that they meet or more nearly approximate the criteria for a compensable rating at any time during the appeal period.

The Board has remanded the case due to the need for additional development and examination regarding the Veteran's left knee disability.

The Veteran's TDIU claim is being remanded for additional development, including a VA examination to assess the impact of his service-connected left knee disabilities on his employment capacity.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation due to his right knee degenerative joint disease and left knee ACL tear with mild degenerative changes.

The Veteran's disability compensation benefits were stopped in March 1993 due to his failure to attend a review examination. The VA recouped the overpayment of VA compensation by withholding severance pay from his monthly allotments, and this decision denies the Veteran's appeal for recoupment.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the current severity of his service-connected bilateral knee gouty osteoarthritis.

The Board has reopened the claim for service connection for a left knee disability but denied the right knee disability. The left knee disability is found to be not aggravated by military service.

The Board denied the Veteran's claims for a temporary total rating and an increased rating for his right knee disability, finding that there was no evidence of severe postoperative residuals warranting extended convalescence or impairment requiring a higher rating.

The Board has decided the appeal is remanded due to the need for a VA examination and updated treatment records, as well as an opinion on whether the Veteran's current right knee disorder is related to her service.

The Board finds that the Veteran's current left knee condition, diagnosed as degenerative joint disease, is due to an in-service injury and grants service connection for this disability.

The Veteran's service-connected disabilities do not meet the criteria for additional vocational rehabilitation services as she has been employed in a stable position since May 2008 and does not have an employment handicap.

The Veteran's tinnitus is found to be related to his in-service noise exposure. The Board also finds that the Veteran is unemployable due to his service-connected disabilities, including CAD.

The Board has determined that the Veteran's bilateral knee disorders are not related to his military service or service-connected disabilities, and thus denied the claims for service connection.

The Board has remanded the case due to new evidence being added to the claims file and incomplete medical opinions regarding service connection for left knee strain and left shoulder disability.

The Veteran's claimed conditions are not service-connected as they were first diagnosed after discharge from service and there is no evidence of in-service incurrence or aggravation. The Board finds that the Veteran did not have diabetes mellitus during service, nor was he exposed to Agent Orange while serving aboard a ship.

The Veteran's right knee symptoms, including pain (even in the absence of motion), weakness, stiffness, fatigue, buckling, swelling, and tenderness are already considered by his current ratings. Therefore, a separate rating under DC 5259 is not warranted.