Knee Board decisions

The Veteran's service-connected disabilities did not prevent him from obtaining or retaining substantially gainful employment prior to July 2012, and the Board denied his claim for TDIU on an extra-schedular basis.

The Veteran's service-connected lower extremity orthopedic disabilities rendered him unable to secure or follow a substantially gainful occupation for the period November 1, 2010 to March 9, 2013. The Board granted a TDIU based on this.

The Board denied service connection for right knee injury, including right knee anterior cruciate ligament tear and degenerative arthritis, finding that the Veteran's current disability did not develop as a result of any incident or injury in service.

The Board has granted service connection for OSA, but remanded the claims for lumbar spine and left knee disabilities due to insufficient evidence.,Service connection for OSA is granted as it is found to be etiologically related to the Veteran's service-connected PTSD.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including deviated septum, broken nose, loss of smell, difficulty breathing, an acquired psychiatric disability (claimed as PTSD, anxiety, depression), diverticulitis, bilateral knees, and bilateral ankles. The Veteran will be scheduled for examinations to address these issues.

The Board has remanded the case due to insufficient medical opinion regarding left knee subluxation and its relationship to service-connected conditions. The Veteran's lay statements of knee 'giving out' are also not fully addressed.

The Board has remanded the Veteran's claims for earlier effective dates and increased ratings due to incomplete development of records.

The Board has determined that the Veteran's claimed conditions, including lumbar spine disorder, left-leg residuals of broken leg, right-knee disorder, right-ankle disorder, left-ankle disorder, obstructive sleep apnea, hypertension, gastroesophageal reflux disease (GERD), hiatal hernia disorder, right-lower-extremity radiculopathy, and acquired psychiatric disorder (PTSD and depression) are not service-connected.

Service connection is granted for right foot gout.,Service connection is granted for a bilateral knee condition secondary to service-connected hip conditions.,Service connection is granted for an acquired psychiatric disorder (major depressive disorder) secondary to service-connected degenerative disc disease with IVDS and lumbar facet degenerative arthrosis and chronic lumbar pain syndrome claimed as lower back condition.,Service connection is granted for bilateral hearing loss.,Service connection is granted for tinnitus.,Remand is required for further evaluation of a right thigh disability.,Remand is required for further evaluation of a respiratory condition.,Remand is required to obtain private treatment records and determine the relationship between any kidney conditions (including erectile dysfunction or Peyronie's Disease) and service.

The Board denied the Veteran's claim for service connection for a right knee disorder, finding that there is no evidence to support a direct or secondary relationship between his current right knee condition and his military service.

The Board denied service connection for sleep apnea and granted a rating of 10 percent for scars of the left knee. The Veteran's claim for sleep apnea was not supported by evidence showing a current disability during the appeal period, while his claim for scars of the left knee was supported by competent and probative evidence indicating that he had painful scars.

The Veteran's right knee disability is rated at 60 percent from April 1, 2014 to April 28, 2014 and from July 1, 2015. The Board found the Veteran's symptoms of severe painful motion or weakness met the criteria for a 60 percent rating under Diagnostic Code 5055.

The Board has decided to remand the case due to delays in scheduling a VA examination for the Veteran's left knee condition.

The Veteran's appeals for service connection and increased ratings have been dismissed as he has withdrawn his claims.

The Board has determined that the Veteran's right knee meniscal tear with osteoarthritis is related to service, and thus granted his claim for service connection.

The Veteran's service-connected disabilities rendered him unable to engage and retain substantially gainful employment for the rating period prior to April 19, 2017.

The Board has restored separate 10 percent ratings for arthritis of the left and right knees, effective May 31, 2017.

The Board has remanded two cases involving osteoarthritis of the left and right knees for further examination to ensure that the examinations comply with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's hypertension rating is dismissed. The lower back disability rating is restored to 40 percent, effective June 17, 2016. Other ratings are denied.

The Veteran's claims for increased ratings were denied, with the exception of a 100 percent disability rating granted from September 1, 2015, through May 31, 2016, for her left knee condition.