Knee decisions — 2018

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

The Veteran's right knee disability was rated at 20 percent from October 1, 2007 to May 29, 2009. The Board found that the evidence did not show flexion limited to 15 degrees, which would warrant a higher rating.

The Board has determined that the Veteran's current left knee degenerative arthritis and meniscal tear are related to his service-connected right foot strain and right knee disability, granting service connection for these conditions as secondary.

The Veteran's right knee disability was initially rated at 20 percent prior to February 10, 2009. The rating has been granted for subluxation and limitation of extension but denied for arthritis.

The Veteran's current sleep apnea was not manifest in service and is unrelated to service. The Board found no evidence of a nexus between the Veteran's current low back disability, right knee disability, or left knee degenerative arthritis and his active duty service.,The Veteran's current obstructive sleep apnea disorder is not related to his service-connected left knee disability.

The Board denied the Veteran's claims for increased evaluations for his service-connected right knee, left knee, right ankle, and left foot disabilities. The criteria for an evaluation in excess of 10 percent were not met for any of these conditions.

The Veteran's left knee disability, characterized by limitation of flexion to at worst 45 degrees with no additional functional loss due to pain or other factors, does not warrant a rating in excess of the current 10 percent. The Board also found that he is not unemployable as a result of his service-connected disabilities.

The Veteran's right knee instability is currently rated at 10 percent, effective May 5, 2017. The Board finds that the Veteran met the criteria for a rating of 10 percent under DC 5257 for lateral instability prior to May 5, 2017.

The Veteran's claim for a higher rating for his right knee remains before the Board, and service connection is granted for a left knee disability as secondary to his service-connected right knee disability.

The Board has decided to remand the case for further development and examination, including obtaining private treatment records and a VA examination to address the nature and etiology of the appellant's left knee disability.

The Board has determined that the Veteran's left knee disability, diagnosed as degenerative arthritis, is related to his service-connected right knee disability and grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for a right ankle disorder and a rating in excess of 10 percent for chondromalacia of the right patella. The left knee disorder claim is pending.

The Board has remanded the case for additional development due to insufficient rationale in the previous opinion regarding the cause of the Veteran's right knee degenerative arthritis.

The Board denied the Veteran's claims for service connection for left knee and lower back disabilities, finding that there was no evidence to support a secondary relationship between these conditions and his service-connected right leg disabilities.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining outstanding medical records and providing an updated VA examination. The TDIU issue is also remanded.

The Board has granted service connection for left hip and left knee disabilities secondary to the Veteran's service-connected right knee disability. The tinnitus claim was denied as there is no evidence of a nexus between the current tinnitus and in-service noise exposure.

The Veteran's claim for service connection for a right third finger disorder has been reopened and granted. The claim for bilateral knee disorder remains denied, as new evidence does not relate to the unestablished fact necessary to substantiate it. Service connection for a chest disorder is denied.

The Veteran's tinnitus and ulcers of the legs and feet are granted service connection as secondary to his service-connected diabetes mellitus. Service connection for a low back disability, neck disability, and bilateral knee disabilities is denied.

The Board has determined that the Veteran's right and left knee conditions, as well as his chronic low back pain, are related to his active duty service. The Board also found that there is at least a 50% probability that the Veteran's sleep apnea is related to his military service.

The Veteran's tinnitus was not incurred in or aggravated by service and may not be presumed to have been incurred during service. The Veteran's patellofemoral pain syndrome of the left knee is currently rated at 10%. The Veteran's left wrist/forearm pain remains pending.