Knee Board decisions

The Board has reopened the Veteran's claim for service connection of a left knee disability and granted service connection for bilateral flat feet. The initial compensable rating for anemia (Chicago hemoglobin) is denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and non-VA treatment records and scheduling her for a new VA examination to assess the current severity of her service-connected left knee disability and varicose veins.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's bilateral knee disabilities and his service. The Veteran will be provided with a VA examination to determine if there is a causal nexus between his current condition and his active service.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his claimed back disorder and knee disability.

The Board has determined that the Veteran does not have a current diagnosis of skeletal arthritis, residuals of cold injury to bilateral feet, cold injury to upper extremities, or cold injury to lower extremities. As such, service connection for these conditions is denied.,Regarding the Veteran's bilateral knee disorder and bilateral hip strain, the Board finds that there is no evidence showing a relationship between his current disabilities and service. The VA examiner opined that these conditions are more likely due to natural aging process rather than service.

The Veteran's service-connected right and left knee disabilities have been rated based on their respective conditions, with no higher ratings granted due to the current functional limitations. The claims for increased ratings are denied.

The Veteran's appeal is being remanded due to the need for additional development and review of his claims by his representative.

The Veteran's TMJ dysfunction has been rated at 10 percent since February 16, 2017. The condition is characterized by inter-incisal range of more than 40 mm and lateral excursion greater than 4mm.

The Veteran's claim for a higher rating for his left knee DJD was denied as the evidence did not show sustained improvement in his condition, warranting a reduction from 20% to 10%. The initial ratings of 10% and 20% were also denied as there was no evidence of limitation of motion or instability that would support higher ratings.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his low back disability, bilateral knee disabilities, perforated eardrum, and hearing loss. The AOJ will also schedule a new VA examination for an increased rating for hearing loss.

The Board found that the Veteran's current bilateral knee disability, including degenerative joint disease and Osgood-Schlatter disease, was not incurred in or aggravated by his active duty service.

The Veteran's claim for a TDIU was granted, with the effective date being from the date of receipt of his application. The combined disability rating is at least 70% due to service-connected disabilities.

The Veteran's appeal is being remanded for further development due to the need for additional VA examinations regarding his right knee and right elbow disabilities, specifically addressing flare-ups.

The Veteran's low back disability with spondylolisthesis, DJD, and disc disease is currently rated at 40 percent. The RO has not provided a higher rating as the evidence does not show ankylosis or incapacitating episodes.,For his right knee injury, the Veteran is already receiving the maximum schedular evaluation of 10 percent under Diagnostic Codes 5010-5260. The VA examiner found flexion limited to 92 degrees and extension limited to 10 degrees upon repetitive use, which corresponds to a non-compensable rating.,The Veteran's radiculopathy of the left lower extremity is rated at 10 percent under Diagnostic Code 8520. The VA examiner found mild incomplete paralysis, which does not warrant a higher rating.,For his right lower extremity radiculopathy, the Veteran is also rated at 10 percent under Diagnostic Code 8520. Similar to the left side, the VA examiner found mild incomplete paralysis, which does not warrant a higher rating.,The Veteran's migraine headaches are currently rated at 30 percent effective December 9, 2010, and 50 percent from September 11, 2013. The RO has not provided a higher rating as the evidence does not show more than very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's sleep apnea is not service-connected. The VA examiner found no medical evidence linking his sleep apnea to military service or service-connected migraine headaches.,For the period from August 18, 2010, to January 5, 2015, the RO has granted a TDIU based on the Veteran's combined 100 percent schedular rating for his service-connected disabilities.

The Board has determined that the evidence does not support a finding of service connection for a bilateral knee disorder, as there is no competent medical evidence demonstrating that the condition was incurred during or aggravated by periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA).

The Board found that the Veteran's right knee disability was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran was granted a TDIU based on his service-connected left knee and low back disabilities, effective December 1, 2012. The appellant is eligible for payment of attorney fees from past-due benefits due to this award.

The Veteran's left knee chondromalacia patella has not limited motion to less than 45 degrees, nor produced functional impairment equivalent to such limitation from July 12, 2012. Therefore, a higher disability rating is denied.

The Board has granted service connection for a right knee disability and hypertension, finding that the Veteran's current disabilities are likely related to his military service. The claim for hypertension is based on aggravation of a pre-existing condition during active duty.

The Board found that the Veteran's right knee disorder, including arthritis, medial meniscus tear and degenerative joint disease, was not incurred in or caused by service.