Knee decisions — 2019

The Veteran's claim for service connection for sleep apnea is denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's claim for an increased rating for left knee disability (non-LOM symptomatology) is denied as the evidence does not show that the condition has manifested with instability or subluxation.,The Veteran's claim for an increased rating for left knee disability (LOM symptomatology) is remanded as there is no objective evidence of LOM on flexion less than 0 to 45 degrees.

The Veteran's claims for earlier effective dates for the grants of service connection for PTSD, left and right knee tendonitis, and tinnitus were denied. The Board found that there was no evidence of a claim or submission of any kind received since the prior denial.

The Board denied the Veteran's claims for service connection for various conditions, including right shoulder disorder, neck disorder, low back disorder, right knee disorder, pseudofolliculitis barbae, bilateral hearing loss, heart disorder, and acquired psychiatric disability (including PTSD and depression), finding no new and material evidence to reopen these claims.

The appeal of the issue of an increased rating for degenerative joint disease of the cervical spine is dismissed.,Service connection for obstructive sleep apnea is denied.

The Veteran's claims of service connection for low back, bilateral knee, and bilateral ankle conditions have been granted. The claim for benign cortical defect (claimed as bilateral shin splints) has not been reopened due to lack of new and material evidence. Service connection is also denied for PTSD and sleep condition.

The Veteran's service-connected disabilities precluded him from securing or following a substantially gainful occupation prior to December 7, 2011.

The Board has reopened the claims for service connection due to new and material evidence, but has remanded them for further development as there is insufficient evidence to determine if any of the claimed conditions are related to service or a service-connected disability.

The Board has remanded the Veteran's claims for service connection for bilateral knee conditions, as secondary to his service-connected ankle disability. The case will be reviewed and a VA examination may be necessary to determine if there is any relationship between the current knee conditions and military service or the service-connected ankle disability.

The Board has denied the Veteran's service connection claims for bilateral hearing loss, tinnitus, back disorder, neck disorder, left knee disorder, left leg disorder, sleep apnea, and genitourinary disorder as there is no evidence of a current disability or a relationship to service.

The Board has determined that the claims for service connection and increased ratings are remanded due to new evidence received since the last decision. The effective date of the hypertension award is also being remanded.

The Board has remanded the cases for further development and examination, as well as to consider service connection for various disabilities.

The Veteran's initial rating for PTSD is denied. The Board has remanded other service connection claims related to back, right leg, right knee, and right foot disorders as well as residuals of a TBI.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional examinations.

The Veteran's initial claim for a higher rating for his left thumb scar is granted. The previously denied claims of service connection for bilateral knee disabilities and lumbar strain are reopened, but the issues related to these conditions are remanded for further development.

The Veteran's right knee disability rating was reduced to 0 percent in August 2015, but the Board has restored the 10 percent rating effective November 1, 2015.

The Board has determined that additional evidence is needed to determine the current severity of the Veteran's service-connected knee disabilities, and thus remands the cases for further development.

The Board has determined that the Veteran's right hip and right knee conditions are related to his service-connected bilateral ankle and heel disabilities, but further examination is needed to determine if these conditions were aggravated by any of his service-connected disabilities.

The Veteran's service-connected right knee chondromalacia is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,Similarly, the Veteran's service-connected left knee chondromalacia is currently rated at 10 percent, and no higher rating is granted.,The Veteran's service-connected right first metatarsal joint disease (formerly bone spur of the right great toe) is also currently rated at 10 percent, with no higher rating being assigned.

The Board has remanded the Veteran's claims of service connection for left knee disability, right wrist disability, and sleep apnea due to a procedural error in activating his appeal under the modernized review system.

The Veteran's claims for service connection for headaches, chronic fatigue syndrome, muscle pain, skin disorder, left knee disorder, and right knee disorder are all denied as there is no competent medical evidence linking these conditions to his first period of service.,Service connection cannot be granted on a direct basis because the Veteran has not provided sufficient evidence to establish a nexus between his current disabilities and his military service.