Knee Board decisions

The Veteran's claims for increased ratings for cervical spine degenerative disc disease, left knee tendonitis status post cruciate ligament repair, and left ankle disability status post ligament repair have been denied. The evidence did not show the required functional loss or ankylosis to warrant higher ratings.

The Veteran's claims for increased ratings and extraschedular considerations have been denied. The Board found that the Veteran’s knee conditions did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has determined that additional information is needed regarding the Veteran's claims for service connection due to inconsistencies in previous examinations and the need to review his SSA records. The issues of bilateral shoulder pain, back pain, hip pain, knee pain, leg pain, loss of balance, tremors in the neck and hands, neurological problems, chronic fatigue, erratic blood pressure, abdominal pain, stomach and intestine problems, spinal column tumor, seizures, residuals of stroke, heart problems, diabetes mellitus type II are all remanded for further review.

The Board has found that the evidence is in relative equipoise as to whether the Veteran's currently diagnosed sleep apnea had its onset in service. The claim for service connection for sleep apnea is granted.

The Board found that a rating in excess of 50 percent for obstructive sleep apnea is not warranted and remanded the issues related to left knee strain, unspecified depressive disorder, shin splints, maxillary sinusitis, allergic rhinitis, hypertension, and tinea corporis. The Veteran's service connection claims are pending.

The Board has denied service connection for left knee, right knee, and tinnitus disabilities. The Veteran's claims for service connection for left shoulder and bilateral foot/ankle disabilities are remanded.,Service connection cannot be granted for the Veteran's claimed left knee, right knee, and tinnitus disabilities due to lack of a current disability diagnosis or evidence of in-service injury or disease. The Board has also denied service connection for his left shoulder and bilateral foot/ankle disabilities as there is no evidence of an in-service event, injury, or continuous symptoms since service.

The Board has remanded the Veteran's claims for service connection for a left knee condition, hypertension, and right knee condition (secondary to a left knee condition) due to unclear pre-service status of these conditions and inextricability with the right knee claim.

The Veteran's claim for a rating in excess of 30 percent for post-TKA right knee disability is remanded due to inadequate examination and missing VA treatment records.

The Veteran has withdrawn his appeal for all issues, including the claims for higher ratings for various conditions and a TDIU. As a result, the Board does not have jurisdiction to review these matters.

The Board denied reopening of the claim for service connection for a right knee disability due to lack of new and material evidence, as the Veteran's previous denial was based on the absence of in-service right knee disease or injury. The only new evidence submitted since the May 2015 rating decision is the November 2014 Physician Certification for Family and Medical Leave.

The Board has granted service connection for right ankle, left ankle, and right knee disabilities. Service connection for an acquired psychiatric disorder (depressive disorder NOS) is also granted.

The Veteran's bilateral hammer toes with tyloma (callus) formation is attributable to his active service. The Board finds that an opinion that a condition is not related to service for no other reason than because the condition was not diagnosed in service is contrary to governing evidentiary standards. Therefore, the Board finds that the February 2016 VA medical opinion has less probative weight.

The Board has denied service connection for left knee tenosynovitis and remanded the claims for lumbosacral (back) disability, cervical (neck) disability, and bilateral hearing loss due to lack of nexus between current conditions and active service.

The Veteran's right knee disability, including removal of semilunar cartilage and scars, is rated at a 10 percent effective from March 31, 2011. The tricompartmental chondromalacia right knee with post-surgical repair of anterior cruciate ligament remains rated at 20 percent.

The Board has granted service connection for bilateral patellofemoral syndrome (PFS) of the left and right knees, finding that it is related to the Veteran's active duty as a mechanic.

The Board has dismissed the issue of entitlement to a compensable initial rating for scars of the right shoulder and upper back. The issues of entitlement to service connection for left middle finger disability, right little finger disability, right shoulder degenerative joint disease, gastroesophageal reflux disease (GERD), and left knee strain are REMANDED.

The Board denied the Veteran's claims for service connection for left knee arthritis, right knee arthritis, chronic low back pain with degenerative changes, left calcaneal osteophytosis, and right calcaneal osteophytosis. The appeals were also denied for increased ratings in excess of 20 percent for chronic low back pain with degenerative changes and in excess of 10 percent for left and right calcaneal osteophytosis.

The Board denied service connection for left and right knee disabilities, tinnitus, and hypertension. The claims were based on direct evidence of the conditions in question.

The Board has granted the Veteran's claims to reopen her service connection for a cardiac disability and diabetes mellitus, but denied her claim for service connection for a left knee disability due to lack of evidence linking the current condition to an in-service injury or disease.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.