Knee decisions — 2019

The Veteran's service connection claim for degenerative arthritis of the knees is granted as it was incurred in service.

The Board denied service connection for right knee disorder, left ankle disorder, and right ankle disorder as well as residuals of head trauma. The evidence did not establish the presence of current disabilities separate from the Veteran's service-connected gout.

The Board has remanded the case for further development, including an examination to determine the current severity and manifestations of the appellant's service-connected right knee disability and a psychiatric examination to determine the nature and etiology of any mental disorders, including PTSD. The issues include entitlement to initial compensable ratings for the right knee prior to September 25, 2006, and service connection for PTSD.

The Board denied the Veteran's claims for service connection for left foot, leg, knee disabilities and tinnitus as there was no evidence of current disability related to service.

The Board denied service connection for various disabilities, including a left leg disability, prostate condition, tinnitus, bilateral eye disability (glaucoma), skin disability (claimed as due to Agent Orange exposure), GERD, digestive disorder (ulcerative colitis and constipation), right knee disability, left knee disability, back disability, and psychiatric disability. The decision was based on the lack of evidence linking these conditions to service or service-connected disabilities.

The Board has remanded the Veteran's claims of service connection for a back disorder, an acquired psychiatric disorder (PTSD), and a bilateral knee disorder due to procedural complexities and the need for further development.

The Veteran's left knee disability is rated at 60 percent, which is the maximum schedular rating allowed. The Board finds that a higher rating is not warranted and grants the TDIU claim.

The Board denied service connection for left knee, right knee, and left foot disorders due to lack of current diagnoses.

The Veteran's claim for service connection for a bilateral knee disability was denied in 2008 and later reopened. The new evidence does not raise a reasonable possibility of substantiating the claim, so it is denied. However, the Veteran's claim for service connection for a bilateral shoulder disability was reopened due to new evidence related to his Vietnam service. Service connection is granted for the bilateral shoulder disability.

The Board denied the Veteran's claims for service connection for left knee disability, COPD, and PTSD. The Board found that there was no credible evidence of in-service injury or disease related to these conditions.

The Board has denied service connection for bilateral hearing loss and remanded the claim of service connection for chronic arthritis due to lack of evidence establishing a nexus between current conditions and military service.

The Board has remanded the claims for service connection for right hip, right knee, and low back disabilities with radiculopathy due to potential issues with obtaining private treatment records and considering relevant STRs.

The Board has remanded the case due to a need for further examination and opinion regarding the Veteran's bilateral knee condition.

The Board has remanded the claims for an effective date prior to August 27, 2013, for the grant of service connection for bilateral knee disabilities and for initial ratings in excess of 10 percent. The TDIU claim is also remanded.

The Veteran's thoracolumbar spine, cervical spine, right hip, left hip, right knee, left knee, right ankle, left ankle, and right foot disabilities are remanded for further development. The Veteran's heart disorder, hypertension, and Parkinson's disease claims are also remanded.

The Board dismissed the appeals for right knee disability, left knee DJD with limitation of extension, and left knee instability as there was no adequate substantive appeal filed.,An adequate substantive appeal on these issues was not submitted within the required timeframe or did not contain specific allegations of error of fact or law.

The Board has denied the Veteran's claims for service connection for left and right knee disabilities, finding that there is no evidence of a current disability related to service.

The Board has remanded the claims for additional development due to insufficient evidence and missing records. The Veteran's vocational rehabilitation file must be obtained, as well as any relevant VA and private medical records.

The Board has remanded the case for further development due to errors in the November 2017 decision, including inadequate consideration of evidence and failure to explain elements required to establish service connection. The Veteran's claims for depression, unspecified hip disability, and right knee disability are now pending.

The Veteran's appeals for service connection for sleep apnea, increased rating for right knee disability, and increased rating for COPD have been dismissed as the Veteran withdrew his appeals in writing.