Knee decisions — 2018

The Board has determined that the Veteran's right knee disorder is not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran's right knee disability is secondary to his service-connected left knee disability and grants the claim.

The Veteran's appeal has been withdrawn, and the Board is dismissing all issues on appeal.

The Board has reopened the Veteran's claims for service connection for bilateral hand and knee arthritis due to new and material evidence. The Board then found that there is at least a reasonable doubt in favor of service connection, granting these claims.

The Veteran's service-connected disabilities, including his thoracolumbar spine strain, left knee degenerative joint disease, and right foot arthritis, have rendered him unable to secure or follow a substantially gainful occupation since August 19, 2015.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, dermatitis (claimed as skin rash due to herbicide exposure), residuals of left eye strabismus surgery, and both right and left knee osteoarthritis. The appeals were decided on a direct basis without any presumption or secondary theory.

The Veteran's neck disability has been rated at 10 percent, and the Board finds that a higher rating is not warranted. For TDIU, the Veteran does not meet the schedular requirements as his combined disability rating is less than 70%.

The Veteran's appeal is being remanded for further development and consideration of his claims, including the issues related to major depressive disorder, TDIU, knee condition, cervical spine condition, shoulder conditions, anxiety, and right wrist carpal tunnel syndrome.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum opinion regarding the etiology of any current psychiatric disorder. The claims will be reconsidered after this additional development.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's right knee disability. The Veteran is seeking service connection for a right knee disability that he contends was incurred during active military service.

The Veteran's left wrist and elbow disabilities have been granted increased ratings, with the left wrist receiving a 10% rating effective March 11, 2013. The left elbow disability received a 10% rating from February 6, 1992, through March 10, 2013, and a 10% rating on and after March 11, 2013. An effective date of June 14, 2005, was granted for the TDIU claim.

The Board has remanded the case for additional development and consideration of whether the Veteran's service-connected disabilities meet the criteria for TDIU based on extraschedular considerations.

The Veteran's claim for a disability rating in excess of 10 percent for ACL deficiency in his left knee was denied due to his failure to report for a required VA examination.

The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome is currently rated at 20 percent, which reflects limitation of motion to greater than 30 degrees but less than 60 degrees. The Veteran does not have ankylosis or incapacitating episodes that would warrant a higher rating.,The Veteran's left knee chondromalacia with arthritis is currently rated at 10 percent, reflecting painful motion without compensable limitation of motion. There are no findings of dislocated semilunar cartilage, recurrent subluxation, lateral instability, or meniscal conditions that would warrant a higher rating.

The Veteran's claims for service connection and increased ratings have been granted. The right eye disability is related to service, the left foot/toe and hip/hand/knee disabilities are all found to be secondary to his service-connected knee disability, and he has a separate 10% rating for atrophy of the left leg due to his knee disability.

The Veteran's appeal is being remanded to complete the necessary steps for a TDIU claim prior to April 4, 2011. The VA Form 21-8940 needs to be completed and any relevant private records need to be obtained.

The Veteran's service-connected multiple lipomas of the right upper extremity, left upper extremity, anterior trunk, and posterior trunk have been rated as noncompensable prior to April 18, 2017, and as 20 percent disabling thereafter. Service connection for right knee osteoarthritis has also been granted.

The Board has determined that new and material evidence has been received to reopen the service connection claims for left and right knee disabilities. The Veteran's degenerative joint disease of the knees is found to be related to his military service, specifically his deep sea diving during active duty.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his left knee disability. The TDIU claim is part and parcel with the rating claim on appeal.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and review of recent medical records.