Knee decisions — 2018

The Board has denied the Veteran's claims for service connection for atopic dermatitis, sleep apnea, hyperlipidemia, an acquired psychiatric disorder (to include PTSD and anxiety disorder), chronic sleep impairment, bilateral hearing loss, tinnitus, bilateral knee disability, diabetes mellitus type II, and nephropathy with hypertension. The Board found that the evidence did not support a relationship between these conditions and service or any presumptive exposure to Agent Orange.

The Board has determined that the Veteran's bilateral hearing loss, left foot disability (hallux valgus with arthritis and post-traumatic changes), and left knee disability (left knee arthritis) had their onset during service and are related to his military service.

The Veteran's low back disability was granted a 40 percent rating effective August 10, 2017. The left ankle sprain and GERD were each granted increased ratings.

The Veteran's claim for earlier effective date for service connection for obstructive sleep apnea was denied. The Board found that the earliest possible effective date is January 22, 2007. For special monthly compensation based upon aid and attendance or housebound status, the Veteran's condition does not meet the criteria as he can feed himself and prepare his own meals.

The combined impact of the Veteran's service-connected disabilities rendered him unable to engage and retain substantially gainful employment, allowing for a grant of TDIU.

The Board denied the Veteran's claims for service connection due to lack of evidence showing a positive nexus between her disabilities and military service. The claim was not reopened as new and material evidence has not been received.

The Veteran's acquired psychiatric disorder has been granted service connection. The right knee disabilities and TDIU claims are pending further development.

The Board has remanded the case for further development, including an examination to determine the current nature and severity of the Veteran's right knee disability. The Veteran is entitled to a rating in excess of 10 percent for his right knee disability.

The Board has determined that the Veteran's right knee disability, post total knee replacement, does not warrant a rating in excess of 60 percent.

The Board has denied the Veteran's claims for service connection for gastritis, bilateral ingrown toenails, a right great toe condition, and a right knee disability due to lack of current diagnoses.

The Board has determined that additional development is needed before the appeal can be decided on its merits.

The Veteran withdrew his appeals for increased ratings and TDIU.

The Board has reopened the Veteran's claim for service connection for a right knee disability, finding new and material evidence. The Board also granted service connection for sleep apnea as secondary to his service-connected sinusitis.,Service connection was denied for a right knee disability due to lack of in-service injury or chronic treatment.

The Veteran withdrew his appeal for service connection claims for an eye disability and a left knee disability prior to the Board's decision.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of the Veteran's left knee disability. The appeal will be reconsidered after these actions.

The Board has determined that the Veteran's claimed disabilities are not related to service or service-connected conditions, and thus denied all claims for service connection.

The Board has determined that the Veteran's right knee disability is related to service and granted service connection for this condition. The issue of entitlement to service connection for sleep apnea was addressed in a separate decision.

The Board has determined that there is no current disability of the Veteran's right knee and thus, service connection for a right knee disability cannot be granted.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, as well as any relevant Spanish-language records. The claim will be returned to the Board after this information has been reviewed.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, as well as scheduling a VA examination. The Veteran's claim will be reconsidered after these actions.