Knee decisions — 2018

The Veteran's right and left knee strains have not been manifested by limitation of motion to a degree that would warrant an increased rating.,The Veteran is not precluded from securing or following a substantially gainful occupation due to his service-connected disabilities.

The Veteran's appeal of the issues related to shortness of breath, loss of taste (ageusia), and left knee disability has been dismissed due to his withdrawal of the issue of entitlement to service connection for shortness of breath.

The Board has determined that the Veteran does not have current diagnoses of a left hand or left knee disability, and therefore service connection for these conditions is denied.

The Board has denied the Veteran's claims for service connection for various conditions, including left knee synovitis, blood disorder, loss of hair, bone condition, dental condition, and degenerative arthritis. The evidence does not support a finding that these conditions are related to service or within one year of separation.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and a new examination to determine the etiology of his abdominal hernia, varicose veins, and right knee disabilities.

The Board denied the Veteran's claims for service connection for COPD and bilateral hearing loss, but granted a noncompensable rating for his service-connected bilateral photophobia.

The Veteran's appeal of the initial compensable rating for left knee scar is dismissed. The remaining issues on appeal are remanded for additional development, including a new VA examination and obtaining pertinent treatment records.

The Board has reopened the claims of service connection for a bilateral knee disability and a psychiatric disability, finding that new and material evidence has been received to reopen these claims.

The Veteran's appeal has been withdrawn due to his request for a final rating of 100% permanent and total.

The Board has determined that new and material evidence has not been received to reopen the claims of entitlement to service connection for a left knee disability and a left thigh contusion/hematoma. Therefore, these claims are denied.

The Veteran's hearing loss and right knee disorder are granted as service connection based on aggravation of a preexisting condition during active duty.

The Board has determined that a VA medical opinion is needed to clarify the nature and etiology of the Veteran's left knee disability, as well as whether it was incurred in service or related to any pre-existing condition. The case will be remanded for these purposes.

The Board has remanded the case for additional development due to incomplete records and need for further medical opinions.

The Board found that the Veteran's adjustment disorder with anxiety and depression more nearly approximated a 50 percent disability rating for the entire initial rating period on appeal. The claim under 38 U.S.C. § 1151 was denied as there is no evidence of VA negligence in failing to diagnose or treat gangrene.

The Board denied initial disability ratings in excess of 10 percent for the Veteran's right and left knee disabilities, finding that the evidence did not meet the criteria for higher ratings based on limitation of motion or instability.

The Veteran's claims for increased ratings and service connection were denied. The Veteran is not entitled to a higher rating for his chronic muscular back strain, and the Board found no evidence of direct or secondary service connection for his right knee disorder or right lower extremity radiculopathy.

The Veteran's patellofemoral syndrome of the right knee with shrapnel residuals is currently rated at 10 percent disabling. The Board denied an increased rating and also denied entitlement to a TDIU due to lack of information regarding employment history.

The Board has reopened the Veteran's claims for service connection for left knee condition and degenerative disc disease of the lumbar spine, but denied reopening of his claim for service connection for left knee strain and degenerative disc disease of the lumbar spine. The rating for right knee disability remains unchanged.

The Veteran's service-connected depression is currently rated as 50 percent disabling prior to September 30, 2015, and 70 percent thereafter. The VA examiner found that the Veteran experienced occupational and social impairment with reduced reliability and productivity due to symptoms such as depressed mood, mild memory loss, disturbances of motivation and mood, difficulty in establishing and maintaining relationships, and difficulty adapting to stressful circumstances.,The Veteran's service-connected residuals of a right knee injury are currently rated as 30 percent disabling from September 1, 2017 (post total right knee replacement). The VA examiner found that the Veteran experienced pain on both active and passive motion, in weight-bearing and nonweight-bearing, with the range of the opposite undamaged joint. However, the examination did not include all required testing as per Correia v. McDonald.

The Veteran's right knee disability is currently rated at 10 percent, and he has been granted a separate rating of 20 percent for episodes of 'locking' in the right knee. The left knee disability remains rated at 10 percent.