Knee decisions — 2018

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a VA examination to assess the severity of his service-connected and nonservice-connected disabilities.

The Board has determined that the Veteran's right and left knee disabilities are etiologically related to service, including his in-service knee injuries. As such, the criteria for service connection have been met.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical records and scheduling VA examinations.

The Board has remanded the Veteran's claims for additional development, including obtaining updated VA treatment records and conducting examinations to assess the severity of his right knee disability and its impact on employment. The TDIU claim is also being remanded.

The Veteran's right hallux rigidus with degenerative joint disease is currently rated at 10 percent, and the Board has referred this issue for consideration of an extraschedular evaluation.,Regarding his service-connected right knee disorder, the Veteran contends it is secondary to his service-connected right hallux rigidus. He also alleges that he developed a left knee disorder due to radiation exposure during service.

The Board has determined that the Veteran's left knee disability is attributable to service, and therefore grants service connection for this condition.

The Veteran's appeal is remanded due to the need for additional VA examinations and treatment records, as well as further development of his claims.

The Board has determined that the Veteran's right knee joint osteoarthritis and recurrent subluxation of the right knee were incurred in service, granting service connection for these conditions.

The Veteran withdrew his appeal for higher initial ratings for right and left knee degenerative joint disease, bilateral hearing loss, and tinnitus prior to the Board's decision.

The Board found no evidence of in-service injury or disease related to the Veteran's low back, left knee, and right knee disabilities. The claims are denied as service connection is not warranted.

The Board has found that the Veteran's left knee disability is as likely as not related to his active service, and thus grants service connection for a left knee disability. The issue of sleep apnea remains pending.

The Veteran's claims for service connection of neck, right knee, and back disorders are to be determined. The claim for service connection of a psychiatric disorder (including PTSD) is also to be determined. New evidence may have been submitted that could reopen these claims.

The Board has determined that the Veteran's claimed acquired psychiatric disorder, skin disorder, general arthritis, leg and knee disorder, back disorder, and neck disorder are not service-connected. The Board found no clear evidence of a pre-existing condition aggravated by service or any other aggravation during service.

The Veteran's migraines have been granted an initial rating of 30 percent, effective June 24, 2009. The lumbar spine and bilateral knee disabilities remain at a noncompensable (zero percent) rating.

The Board found the preponderance of evidence against a finding that the Veteran's right shoulder, left hip, and right knee disabilities were incurred during active service or within one year after separation from service. The VA medical opinions obtained in April 2017 did not consider all relevant evidence of record, including private medical records indicating treatment for hip pain since 2001 and osteoarthritis of both knees secondary to old injuries in 2009.

The Veteran's right knee disability is currently rated as 10 percent disabling due to pain and instability, but not meeting the criteria for a higher rating based on limitation of motion or other diagnostic codes. A separate rating for symptomatic removal of semilunar cartilage has been granted.

The Board denied the Veteran's claims for increased evaluation of his right knee disability, service connection for myoclonus as secondary to his service-connected right knee disability, and TDIU due to his service-connected right knee disability prior to August 10, 2012.

The Board found no evidence of a back disability related to service and denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and readjudicating the TDIU claim.

The Board has remanded the claims for additional development due to inadequate medical opinions in a previous decision.