Knee decisions — 2018

The Veteran's service-connected obstructive sleep apnea and right knee arthralgia with degenerative joint disease prevent him from securing and following any substantially gainful employment, and the Board grants a TDIU.

The Veteran's right knee disability, including arthritis and instability, is rated at 20 percent effective August 1, 2017. The Veteran also has a separate 30 percent evaluation for limitation of extension beginning October 17, 2016.

The Board has granted a separate 20 percent rating for left knee dislocated semilunar cartilage and a TDIU, but denied an increase in the rating for left knee instability. The Veteran's service-connected disabilities are of such severity that they preclude substantially gainful employment.

The Veteran's right ankle disability was not incurred in active service and the Board finds that service connection for a right ankle disability is not warranted.

The Board has determined that new and material evidence was received to reopen the claim of service connection for a right knee disability. The Veteran's current right knee disability is found not to be related to his active military service, as there is no evidence of continuous or recurrent symptoms during service or within one year after separation from service. Service connection for secondary disabilities (back, left ring finger, and right shoulder) was also denied due to lack of a nexus between the claimed conditions and active service.

The Veteran's service-connected disabilities, including bilateral plantar fasciitis, have resulted in a combined rating of 100 percent as of April 20, 2015. Effective from July 15, 2016, the Veteran is entitled to TDIU due to his depressive disorder.

The Veteran's appeal has been withdrawn due to the appellant notifying the Board of their desire to withdraw the appeal prior to a decision being made.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his left knee disability and its impact on any claimed left foot, ankle, and low back disorders. The AOJ will also consider all functional limitations resulting from his service-connected left knee throughout the appeal period.

The Veteran's bilateral knee and lumbar spine disorders are found to be related to his active service.,Right elbow epicondylitis is also found to be related to a parachute accident during INACDUTRA.

The Board has dismissed the appeal regarding service connection for tinnitus. The July 2008 rating decision denying service connection for a bilateral foot disorder became final, and no new and material evidence was received to reopen this claim. For the entire rating period on appeal from March 29, 2010, the criteria for an increased disability rating in excess of 10 percent for the right knee disability have not been met or more nearly approximated. The Veteran is granted a separate 20 percent disability rating for moderate instability of the right knee. For the entire rating period on appeal from March 29, 2010, the criteria for an increased disability rating in excess of 10 percent for the left knee disability have not been met or more nearly approximated. The Veteran is granted a separate 10 percent disability rating for mild instability of the left knee.

The Veteran's claims for a higher rating for his left knee conditions have been denied. The Veteran was previously assigned a temporary total disability rating due to convalescence, but now has a permanent 20 percent rating for the meniscal tear and a separate compensable rating for painful limitation of flexion.

The Board has reopened the claim of service connection for a right knee disorder, including osteochondritis dissecans. The evidence now shows that the Veteran's pre-existing condition existed prior to service and was not aggravated by service or any incident in service.

The Veteran's claim for a compensable rating for an epididymal cyst has been granted. Service connection is also established for hemorrhoids.

The Veteran's appeal is being remanded for additional development to obtain a new VA examination and medical opinion regarding her bilateral knee and foot disabilities, including bilateral plantar fasciitis.

The Board has determined that the Veteran's right knee arthritis is secondary to his service-connected left knee disability, and thus grants service connection for this condition. The lower back disability issue remains pending as a remand was ordered.

The Veteran has withdrawn his appeals for service connection for hypertensive vascular disease with hypertension and osteoarthritis of the bilateral knees, ankles, and wrists. As a result, the claims are dismissed.

The Board has remanded the case due to new evidence and inadequate examination, and will be reconsidered by the AOJ.

The Board has remanded the case for additional development, including obtaining VA clinical documentation and providing the Veteran with a VA examination to determine the nature and etiology of his hearing loss, tinnitus, lower back condition, bilateral knee condition, and skin disorder.

The Veteran's appeal is being remanded due to the need for an updated examination of his service-connected left knee disability.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his service-connected left and right knee disabilities.