Knee decisions — 2018

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.

The Board has determined that the Veteran's bilateral knee condition, numbness of the right lower extremity, and bilateral tinea pedis were not incurred in service. The Veteran's hallux valgus was not diagnosed during the appeal period.

The Board has determined that the Veteran's left knee disability, including as secondary to his service-connected right knee disability, does not meet the criteria for service connection.

The Veteran's hepatitis C and bilateral knee disorder are not service-connected. The Board found that the Veteran did not have a risk factor for contracting hepatitis C related to his in-service vaccinations, and thus denied service connection.

The Veteran's appeal is being remanded to obtain additional medical opinions and for extraschedular consideration of his hearing loss prior to June 5, 2010.

The Board has remanded the case for further development to determine if the Veteran's reported symptoms are consistent with her objective findings and to provide an estimate of additional loss of range motion on repeated use over time.

The Board has remanded the Veteran's claims due to incomplete development, including a need for an examination regarding his claimed acquired psychiatric disorder and additional VA examinations for his service-connected lumbar spine, lower extremity radiculopathy, and knee disabilities.

The Veteran's appeal is denied as his right knee disability does not warrant an evaluation in excess of the current 10 percent rating.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability was denied. The Board found that the evidence did not show ankylosis or IVDS treated by bed rest, which are required for a higher rating under the General Rating Formula for Diseases or Injuries of the Spine. The Veteran's claim to reopen his service connection claim for depression and knee disabilities is pending as the SOC has not been issued yet.

The Veteran's right knee disability, including instability and degenerative arthritis, has been rated at 30 percent since June 8, 2011. The claim for a higher rating is granted.

The Veteran's left knee tendonitis and degenerative disc disease of the lumbar spine have been evaluated, but service connection for these conditions cannot be established as they are not shown to be related to his military service. The Veteran's TDIU claim is also denied.

The Board has determined that the Veteran's current diagnoses of osteoarthritis of the hands, knees, and back are related to service. The claims for service connection have been granted.

The Veteran's appeal is granted, with an SMC under 38 U.S.C. § 1114(s) and a separate evaluation for left knee instability added to his current rating. The issues of increased evaluations for the left femur and right elbow disabilities are also addressed.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment since November 30, 2007.

The Board is unable to determine the exact cause of the Veteran's service-connected heart disorder, but it has permanently progressed at an abnormally high rate due to his major depressive disorder and lumbar strain with arthritis. The right shoulder disorder, left knee meniscal tear, osteoarthritis of the right knee, bilateral venous insufficiency, and bilateral foot disorder are all found to be related to service-connected disabilities.

The Veteran's acquired psychiatric disorder was not incurred by service nor caused or aggravated by his service-connected low back disability. The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU.

The Board denied service connection for a low back disorder, finding that the evidence did not support a link between current symptoms and military service.,Service connection was also denied for left and right knee disorders. The examiner noted no medical records indicating any knee conditions during or after service.

The Veteran's service-connected disabilities are so severe that they preclude him from obtaining and maintaining substantially gainful employment, warranting a TDIU.

The Veteran's claim for an increased evaluation of his right knee disability was granted on August 21, 2009, which is the earliest date as of which it is factually ascertainable that an increase in disability has occurred. The effective date cannot be earlier than this date.

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