Knee decisions — 2018

The Board found that the Veteran's current bilateral knee disabilities did not have their onset during service and are not otherwise related to his military service.

The Board has remanded the case for further development due to a lack of an in-person examination and for obtaining an addendum medical opinion.

The Veteran's appeal is being remanded for further development, including obtaining Social Security Administration records and reviewing additional evidence added to the file since the last supplemental statement of the case.

The Board has remanded the claims for service connection, rating higher than 10 percent for residuals of a fracture of the 4th toe of the left foot with Morton's neuroma, and nonservice-connected pension due to additional development being required.

The Veteran's left knee Osgood-Schlatter disease and early age-related arthritis have been rated at 10 percent since July 26, 2008. The disability has not resulted in any additional functional loss or limitation of range of motion beyond what is already accounted for by the current rating.

The Veteran's left knee and right shoulder disabilities have been evaluated based on their direct service connection, but the evidence does not support an extraschedular evaluation for either condition.

The Veteran's appeal for higher ratings for his left knee disabilities was denied. The Board found that the evidence did not support a rating in excess of 10 percent under DCs 5260 and 5261, or a separate compensable rating under DC 5261.

The Veteran's left knee disability was rated as 10 percent disabling prior to October 24, 2013, and as 40 percent thereafter. The right knee disability was also rated as 10 percent disabling prior to October 24, 2013, and as 40 percent thereafter.,The Veteran's left knee instability was granted a separate rating of 10 percent after October 24, 2013.

The Veteran's service-connected patellofemoral syndrome of the left knee is currently rated at 20 percent, which is the maximum schedular rating available. The Board has granted separate ratings for limitation of flexion and extension, as well as recurrent subluxation or lateral instability.

The Board has granted service connection for a low back disability, cervical spine disability, bilateral knee disabilities, bilateral hip disabilities, and hypertension. The Veteran's other claims remain denied.

The Veteran's appeal for service connection of a bilateral hearing loss disability has been dismissed as moot due to the grant of such benefit in February 2018. The claims for right fourth finger, bilateral hand, and left knee disabilities have not met the criteria for service connection.

The Board has determined that the Veteran's right and left shoulder disabilities do not warrant a rating higher than 10 percent, and his left knee disability does not warrant a rating higher than 10 percent. The appeals are therefore denied.

The Board has determined that there is no evidence of a current disability for the right or left knee, stomach, or vision disorders. Therefore, service connection cannot be granted.

The Veteran's appeals for increased ratings for intervertebral disc syndrome and right knee condition have been withdrawn by the appellant prior to any decision being made.

The Veteran's claim for service connection for a bilateral knee condition is being remanded due to the need for additional medical records and an examination.

The Veteran's claims for service connection are being remanded due to the need for VA examinations and medical opinions regarding his eye disorder, right knee disability, sleep apnea, and rash of the stomach and thighs.

The Board has granted service connection for right hip disability, hearing loss, and tinnitus with an effective date of December 3, 2009. The Veteran's claims for other disabilities are denied.

The Veteran's service connection claims for various disabilities, including a psychiatric disorder, have been granted.

The Board has granted service connection for irritable bowel syndrome, hyposmia as a residual of oral surgery, and headache condition. Service connection is also granted for bilateral hearing loss, tinnitus, gastroesophageal reflux disease (GERD), eczema of the bilateral lower extremities, and residuals of oral surgery. The Veteran's current diagnoses are found to be related to his service in Southwest Asia.

The Veteran's service-connected bilateral knee conditions do not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a). However, due to VA policy, if the schedular percentage threshold criteria are not met, but there is evidence of unemployability due to service-connected disabilities, the case must be submitted to the Director of Compensation Service for extraschedular consideration of a TDIU.