Knee decisions — 2018

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of any right or left knee disabilities, including whether they are related to his preexisting Osgood-Schlatter's disease.

The VA benefits overpayment of $1,523.00 was properly created and the debt is valid.

The Board has reopened the claims for service connection for back disability, heart condition (hypertension), diabetes type II, and Parkinsonism. The Veteran's private physician provided opinions linking these conditions to his military service. However, dyslipidemia is not a qualifying disability for VA compensation purposes.

The Board has determined that additional development is needed before the Veteran's claims on appeal can be decided. The case is REMANDED to the Agency of Original Jurisdiction (AOJ).

The Veteran's appeal has been dismissed as he requested to withdraw his appeal regarding the rating for right knee meniscal tear with degenerative joint disease.

The Veteran's low back disorder and sciatica are found to be related to service, while his right knee disorder is not. Service connection for the low back and sciatic nerve disorders is granted, but service connection for the right knee disorder is denied.

The Board has determined that the Veteran does not have a current diagnosis of lumbar spine, right knee, or left knee disability and therefore cannot establish service connection for these conditions.

The Veteran's adjustment disorder with mixed anxiety and depression was reduced from a 70 percent to a 30 percent rating, effective January 1, 2017. The reduction was improper as the evidence did not demonstrate material improvement in his condition.,The Veteran's left hip disability had its rating reduced from 50 percent to 30 percent, effective October 1, 2016.

The Board denied the Veteran's claims for increased evaluations for his right knee disability and right femur disability with leg shortening. The Veteran seeks higher ratings, but the evidence does not support a finding that he meets or nearly approximates the criteria for any of the higher schedular ratings.

The Board has determined that the Veteran does not have a service-connected psychiatric disorder, heart murmur, right knee disability, left knee disability, low back disability, right ankle disability, or left ankle disability. The preponderance of evidence is against finding any relationship between these conditions and service.

The Veteran's bilateral knee DJD has been evaluated at 10% since December 1, 2008. The VA examinations have consistently shown flexion limited to around 100 degrees in both knees, which does not meet the criteria for a higher evaluation under Diagnostic Codes 5260 or 5261.

The Board has remanded the case for additional development, including obtaining a VA examination to determine the nature and severity of the Veteran's lumbar spine disability and bilateral knee disabilities. The issues of service connection for right and left knee disabilities are also on appeal.

The Veteran's service-connected left knee sprain, status-post surgery with scars, is rated at 10 percent. The Board granted a separate 10 percent rating for limitation of extension of the left knee. The Veteran was also granted TDIU based on his service-connected disabilities and unemployability.

The Veteran's service-connected right knee disability has manifested in at least slight instability since July 9, 2010. A separate 10 percent rating is granted for the entire claim period.

The Veteran's claims for service connection for right and left knee disabilities, as well as her claims for an earlier effective date for PTSD, a higher initial evaluation for PTSD, and TDIU are being remanded due to the need for additional development. The Veteran is also advised that she must perfect her appeal of these issues by submitting a timely substantive appeal.

The Veteran's service connection claims for coronary artery disease, diabetes mellitus type two, and bilateral peripheral neuropathies are granted due to presumed exposure to herbicides in Vietnam.

The Board has determined that additional development is needed, including scheduling the Veteran for an examination to address the etiology of his claimed disabilities. The appeal will be remanded to the AOJ.

The Veteran withdrew his claims for various disabilities, including those related to the lumbar spine, knees, erectile dysfunction, feet, and a creative organ. The appeals are dismissed as a result.

The Board has determined that the Veteran's bilateral knee disability and hemorrhoids are etiologically related to his active service, granting service connection for both conditions.