Knee decisions — 2018

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service treatment records and providing an examination to determine if his current disabilities are related to contaminated water at El Toro Marine Corps Air Station or anthrax vaccinations.

The Veteran withdrew his appeals for the issues of entitlement to a rating in excess of 10 percent prior to November 5, 2013 and in excess of 60 percent since January 1, 2015 for right knee disability and entitlement to an initial rating in excess of 10 percent prior to March 2, 2011 and in excess of 20 percent thereafter for left knee disability.

The Board denied an increased disability rating for the left knee post-arthroplasty, finding that the symptoms did not warrant a higher than 30 percent rating. The Veteran's claim for TDIU was also denied.

The Veteran's appeals for increased ratings and service connection were denied. His back disability is rated at 40 percent, his sleep disorder was not found to be related to service or secondary to a service-connected condition, and his bilateral knee disorder was also not found to be related to service.

The Veteran's right knee disability is found to be secondary to his service-connected left knee disability, and he is granted a higher rating for his total left knee arthroplasty with degenerative joint disease.

The Board has granted the Veteran's claims of service connection for erectile dysfunction, depression, and a skin disorder. The appeals for left ankle, bilateral knee, and right leg radiculopathy disorders are denied as there is no current evidence of these conditions.

The Veteran was granted service connection for obstructive sleep apnea. The claim for an increased rating for his left knee disability is denied as a matter of law due to the Veteran's failure to report to the scheduled examination.

The Veteran's appeal for increased evaluations and TDIU prior to September 6, 2016 was granted. The decision also addressed the separate evaluation of right foot hallux valgus and extraschedular consideration for bilateral pes planus with plantar fasciitis and heel spurs.

The Board found that there was no objective evidence of instability or subluxation in the knees prior to March 24, 2014. As a result, the Veteran's claims for separate initial compensable evaluations for right and left knee disabilities due to instability were denied.

The Veteran's claims for increased ratings for his service-connected lumbar spine and right knee disabilities have been denied. The maximum schedular disability rating of 50 percent has been assigned for chronic headaches.

The Board has dismissed all issues due to the Veteran's death.

The Veteran's right knee disability was rated at 10% prior to January 23, 2007. The Board found that the evidence did not support a higher rating and denied his claim for an increased initial rating.

The Board has ordered another VA examination to determine if the Veteran's right knee disorder is related to his active duty service. The claim will be remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected left knee disability and consideration of his TDIU claim.

The Veteran's service-connected disabilities rendered him unemployable as of June 28, 2007. The effective date for the TDIU is set at this point.

The Board denied service connection for hypertension and a bilateral knee disability, finding no evidence linking these conditions to the Veteran's military service. Service connection was also not granted for a dental condition due to lack of in-service trauma.

The Veteran's thoracic spine fracture and left knee chondromalacia patella have been evaluated at their current levels, with no evidence of incapacitating episodes or unfavorable ankylosis for the thoracic spine. The left knee disorder is currently rated as noncompensable due to its limited range of motion.

The Board found that the Veteran's low back and left knee disorders are not related to his service, as there is no evidence of chronicity within one year post-service. The VA examiners concluded that any current conditions are more likely due to post-service occupational activities.

The Veteran's appeal is being remanded for further examination and clarification of his service-connected knee disabilities.

The Veteran's claim for a clothing allowance due to his service-connected left knee strain with chondromalacia was denied because the Under Secretary for Health or designee did not certify that the Veteran wears a prosthetic or orthopedic appliance that tends to wear or tear his clothing.