Knee decisions — 2018

The VA has determined that the Veteran's service-connected disability evaluations combine to an overall 60 percent rating under the Combined Ratings Table for the appellate period of September 2010 to February 2016.

The Veteran's bilateral foot, left hip, and left knee disorders are not service-connected as they were not shown to be related to his military service.,There is no evidence of a chronic condition during or within one year after service.

The Board has determined that the Veteran does not meet the criteria for service connection for bilateral hearing loss and tinnitus. For his left knee disorder, the VA examiner opined that it is less likely than not related to service.

The Veteran's appeal is being remanded due to the need for an adequate VA examination of his bilateral knee disabilities.

The Veteran's appeal is remanded for a new VA examination to determine the cause of his left knee DJD and assess the current severity of his service-connected right knee lateral meniscal tear.

The Board has determined that the Veteran's right knee condition was aggravated by service, and thus service connection is granted for his right knee osteoarthritis status post meniscal repair, to include a right knee strain.

The Veteran's appeal is being remanded for additional development, including new examinations to assess the severity of his PTSD and the nature and etiology of his claimed back, right knee, and left shoulder disabilities.

The Board has determined that the Veteran's current left and right knee disabilities are not related to his military service, as there is no evidence of in-service injury or symptomatology. The VA examiner found intervening factors such as weight gain and a car accident were more likely responsible for the Veteran's arthritis.

The appeal is being remanded due to the need for a VA examination to assess the current severity of the Veteran's left knee disability, as per recent Court decisions.

The Veteran's claim for an annual clothing allowance due to the use of bilateral knee braces in 2014 is denied as the braces do not qualify under VA regulations.

The Board has remanded the case for further development, including verification of service dates and a VA examination to determine the nature and etiology of the Veteran's claimed disabilities.

The Veteran's appeal is being remanded for additional examinations and development of her claims, including a TDIU claim. The AOJ will also obtain any outstanding records and provide the Veteran with current VA examinations to assess her lumbar spine and left knee disabilities.

The Veteran's claim for an annual clothing allowance in 2014 is being remanded due to the need for additional development, including obtaining updated VA and private records, as well as arranging a medical examination.

The Veteran's claim for compensation under 38 U.S.C. 1151 was denied as there is no evidence of carelessness, negligence, lack of proper skill or error in judgment on the part of VA.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine-type headaches, lumbar myositis, cervical myositis, right (major) shoulder impingement syndrome, right knee sprain residuals, left knee patellofemoral syndrome, and tinnitus, render him unable to secure or follow a substantially gainful occupation. Therefore, he is granted a TDIU.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues of service connection for various conditions are being addressed.

The Veteran's claims for increased ratings for his service-connected DDD of the lumbar spine, left lower extremity radiculopathy, and PTSD were denied. The Veteran's DDD of the lumbar spine is currently rated at 10 percent disabling, while his left lower extremity radiculopathy is separately rated as 10 percent disabling. His left knee sprain/strain with chondromalacia is rated at 20 percent and PTSD is rated at 30 percent.

The Board has remanded the case due to a lack of verification of the Veteran's periods of active duty service in the California Army National Guard, specifically during October 1995. The case will be returned for further development and readjudication.

The Veteran's claim for an increased rating for right knee patellofemoral syndrome was denied as there is no evidence of increased pathology, and the VA examinations did not meet the requirements set forth in 38 C.F.R. § 4.59.

The Board has remanded the Veteran's claims for additional development due to insufficient evidence regarding his claimed disabilities, particularly pes planus, right knee and shoulder conditions, skin disorders, and respiratory issues. The Veteran served multiple periods of active duty in the Marine Corps.