Knee decisions — 2018

The Veteran's claim of service connection for a left knee disability is reopened, but the issues related to right ankle and right knee disabilities are remanded.

The Board found clear and unmistakable error in the May 25, 2011 rating decision that denied service connection for right knee condition. The Veteran's injury occurred during active military service, and a VA examiner provided a nexus between the current disability and the in-service injury. Service connection is granted effective December 8, 2010.

The Board has granted the Veteran's petition to reopen his claim for service connection for a left knee patellofemoral disability and has determined that he meets the criteria for service connection. The Veteran's current left knee disability is found to be related to his in-service injury.

The Veteran's claims for low back, left foot, right foot, left knee, and right knee disabilities were denied. The claim for PTSD was granted with an initial rating of 70 percent.

The Board has remanded the Veteran's claims for service connection due to new and material evidence not being required, as previous decisions were not final. The claims are now pending.

The Board has remanded the case due to insufficient evidence regarding the nature and likely cause of the Veteran's left knee disability, including whether it is related to his service-connected left first metatarsal disability or incurred in service.

The Board has decided to remand the Veteran's claims for service connection and increased rating as they require additional development, including obtaining medical examinations.

The Veteran's back brace and right knee brace claims for clothing allowances have been denied. The right knee brace claim is remanded due to lack of evidence regarding its tendency to cause wear and tear on the Veteran's clothing.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining gainful employment.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to December 13, 2010.

The Board has denied an initial compensable rating for hypertension. The claims of service connection for erectile dysfunction, left knee disability, and left wrist strain are remanded due to inadequate medical opinions.

The Veteran's claims for higher ratings for lumbar spondylosis with IVDS, right knee instability, and osteoarthritis of the right knee are being remanded due to inadequate VA examinations. The AOJ is instructed to obtain additional evidence and arrange for further VA examinations.

The Veteran's claim for increased ratings for his right knee disability is being remanded due to the need for additional development, including a new VA examination.

The Board has remanded the Veteran's claim for service connection for a left leg disorder, including as secondary to his service-connected back disability and/or an undiagnosed illness. The remand includes obtaining complete service treatment records, verifying dates of ACDUTRA and INACDUTRA, scheduling a VA examination, and expanding the scope of the Veteran's claim to include secondary service connection.

The Board has remanded the claims of service connection for bilateral hearing loss and right knee disability due to insufficient evidence in the record.

The Veteran's service-connected cervical spine disability is granted at a 40 percent rating, effective from the date of the decision. The Veteran’s hemorrhoid disability and low back disability are also granted with respective ratings. Other issues related to service connection or increased ratings have been remanded.

The Veteran's left knee disability is rated at 30 percent, which adequately compensates for his condition. The Board found no evidence of severe painful motion or weakness to warrant a higher rating.

The Veteran's service-connected right knee condition is rated at 10 percent, the minimum rating available under Diagnostic Code 5003 for limitation of motion due to degenerative arthritis. The Board found no evidence that the Veteran's flexion or extension was limited to less than 45 degrees or more than 10 degrees respectively.

The Veteran's application to reopen his claim of service connection for a low back condition, right knee disorder, and scars associated with surgery for bilateral gynecomastia was denied. The Board found that new evidence did not raise a reasonable possibility of substantiating the claims, and that there is no direct or secondary service connection for these conditions.

The Veteran's claim for service connection and increased ratings has been granted, but effective dates prior to the date of receipt of claims are denied. The Veteran is also granted TDIU.