Knee decisions — 2019

The Board found no evidence that the Veteran's right knee disability was incurred during service or within one year of separation from service. The claim for service connection is denied.

The Board has granted service connection for the Veteran's residuals of a meniscus tear and right knee degenerative arthritis, finding that these conditions are as likely as not related to his in-service right knee injuries.

The Board has denied service connection for back, bilateral foot, right shoulder, left shoulder, right knee, and left knee disorders. Service connection was granted for PTSD with a rating of 70% effective September 7, 2011.

The Board has remanded the Veteran's claims for arthritis of the hips and knees due to additional evidence being added to his case file since the last Statement of the Case. The Veteran specifically requested that this new evidence be considered by the AOJ.

The Veteran's service-connected bilateral knee disabilities cause functional impairments that preclude unassisted balance and propulsion to such degree that the Veteran would be equally well served by use of suitable prosthetic appliance at the knee level, resulting in a finding of loss of use of both lower extremities at the knee level.

The Board has determined that the Veteran's claim for an effective date earlier than November 26, 2007, for the award of a total disability based on individual unemployability due to service-connected disability (TDIU) is denied. The earliest date for which service connection is available for his left knee condition was assigned as November 26, 2007.

The Veteran's claims for service connection for left ankle condition and left knee condition were denied due to lack of new and material evidence. The claim for sleep apnea was reopened, but remains on remand.,The Board found that the Veteran did not submit new and material evidence for his left ankle and left knee conditions, as the provided evidence was cumulative or redundant. However, the claim for service connection for sleep apnea (secondary to PTSD) is now on remand.

The Veteran's appeals for a higher rating for left knee Osgood-Schlatter’s disease and a TDIU have been dismissed due to his death.

The Board has remanded the claims for a rating in excess of 30 percent for a right knee disability, increases in the ratings for a left knee disability, and entitlement to TDIU based on service-connected disabilities due to incomplete medical records and inadequate examination.

The Veteran's claim for an earlier effective date for nonservice-connected pension benefits is remanded due to conflicting evidence regarding his income and employment during the appeal period from April 16, 2003 to April 12, 2011. The AOJ must assess his level of disability and determine whether he meets the net worth and income requirements for nonservice-connected pension benefits.

The Board has remanded the claims for service connection due to incomplete records, and further attempts are needed to obtain the appellant's service records.

The Board has granted service connection for a back disability due to aggravation by the service-connected left knee and/or left ankle disabilities. The claims for increased ratings for various other conditions, as well as the TDIU claim, are remanded.

The Board has remanded the Veteran's claims due to incomplete service treatment records, specifically those from February 2016 indicating they are in 'Oakland'. These records need to be obtained.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that there was no clear and unmistakable evidence of aggravation during his military service. The pre-existing condition worsened beyond its natural progression.

The Board has granted the Veteran's application to reopen his previously denied claims for service connection for narcolepsy, bilateral knee disability, bilateral ankle disability, bilateral wrist disability, depression, hypertension and abnormal heartbeat, left ear hearing loss, and migraine headaches.

The petition to reopen the claim for service connection for a right knee disability is granted. The decision on asthma, lower back disability, left knee disability, and sleep apnea claims are remanded.

The Veteran's service-connected disabilities did not prevent him from performing the physical and mental acts required for employment prior to March 18, 2014.

The Board has remanded the cases due to insufficient consideration of the Veteran's gastrointestinal symptoms and whether they constitute a qualifying chronic disability under 38 C.F.R. § 3.317(a)(2).

The Board denied increased ratings for chondromalacia patella of the right and left knees, finding that the Veteran's symptoms did not warrant a higher rating based on limitation of motion or instability.

The Veteran's claim for service connection for PTSD is granted, but the effective date prior to August 31, 2012 is denied.