Knee decisions — 2018

The Board has determined that the Veteran's bilateral knee disabilities are not service-connected and his lumbar spine disability is rated at 40%.

The Veteran's right knee disability, rated at 20 percent, does not meet the criteria for a TDIU due to this condition alone. However, his claim was referred for an extra-schedular evaluation which determined that he is not precluded from securing and following substantially gainful employment.

The Veteran's right ankle sprain is currently rated at 20 percent disabling, effective August 14, 2017. The Board found that the Veteran's service-connected disabilities, including PTSD and multiple knee/ankle conditions, prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal for increased ratings and service connection was denied. His residuals of right distal fibula fracture were rated at 10 percent, his left knee disability was not found to be secondary to the service-connected condition, his low back disability was determined not to have been incurred in the line of duty, his scar to stomach and side was deemed not incurred in the line of duty, his facial scars were also deemed not incurred in the line of duty, his right arm disability was denied as not having been incurred in active service, and his head injury was denied. The Veteran's appeal for compensation under 38 U.S.C. § 1151 for facial scarring was also denied.

The Board has determined that the Veteran's right and left knee disabilities did not have their onset during or as a result of service, and thus denied his claims for service connection.

The Board has remanded the case due to incomplete records and the need for a supplemental medical opinion regarding the etiology of the Veteran's right knee and back disabilities.

The Board has reopened the Veteran's claims for service connection for lumbar strain and a left knee condition, as well as his acquired psychiatric disorder (adjustment disorder), left knee disability, right knee disability, and lumbar spine disability. The evidence supports that these conditions began in active service.

The Board has ordered additional development due to the need for updated medical records and an orthopedic examination to determine the nature and likely etiology of the Veteran's left knee disability, including whether it is related to his service-connected right knee disability.

The Board has determined that there is no current diagnosis of a sleep-related disability, and thus the Veteran's claim for service connection for sleep apnea cannot be granted.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the February 2012 and August 2013 VA examinations are inadequate, as they did not consider the Veteran's assertions regarding his in-service parachute jumps. The case is therefore being remanded for further examination and consideration of all theories of entitlement.

The Veteran's appeal has been dismissed due to her withdrawal of the appeal.

The Veteran's back disability is rated at 10% since October 1, 2011.,The Veteran's left ankle and right ankle disabilities are each rated at noncompensable (0%) from October 1, 2011 to June 6, 2014, and in excess of 10% thereafter. The RO has assigned staged ratings for these conditions.,The Veteran's left knee disability is rated at 10% since October 1, 2011, with a separate 10% rating granted for instability as of October 30, 2013.,The Veteran's right knee disability is rated at 10% since October 1, 2011, with a separate 10% rating granted for instability as of October 30, 2013.

The Board has denied the Veteran's claims for service connection for left knee osteoarthritis, right knee osteoarthritis, and cervical spondylosis as these conditions are not shown to be related to his military service.

The Veteran's appeal is being remanded to obtain additional medical examinations and to ensure that all pertinent evidence has been considered. The issues of increased ratings for left knee disability, TBI, hypertension, renal disability, and entitlement to TDIU are inextricably intertwined and must be addressed together.

The Veteran's service-connected disabilities, including multiple upper and lower extremity problems, have caused him to be in need of the regular aid and attendance of another person from March 1, 2013 until his death. The Board has granted SMC based on the need for aid and attendance.

The Veteran's left knee disability is rated at 20 percent since August 31, 2017. A separate 10 percent rating for left knee instability is granted effective from January 26, 2018. The Board finds no evidence of service connection for sleep apnea.

The Board has determined that the Veteran's right and left knee disabilities, neck disability, and circumcision residual scar are etiologically related to his active service. The claims for these conditions have been granted.

The Board has determined that the Veteran's lumbar spine and left knee conditions are related to his active service, warranting a grant of service connection for both.

The Board has determined that additional development is needed before the claims for service connection for right and left knee disabilities, as well as bilateral hearing loss disability can be decided. The Veteran will need to undergo a VA examination to determine the nature and etiology of his knee and hearing loss conditions.