Knee Board decisions

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge (VLJ). The issues on appeal are related to increased disability ratings and initial compensable rating for left knee conditions.

The Board denied service connection for the Veteran's claimed right foot disability, nerve damage to his elbow, hip condition, knee condition, and lower extremity radiculopathy. The issues were decided on the merits as there was no indication of a presumption or secondary service connection.

The Board found that there is no evidence of an in-service injury or event causing a right knee disability. The Veteran's private physician stated the hearing loss may be related to noise exposure during service, but this was not sufficient to establish service connection as VA does not presume such conditions for ACDUTRA. Therefore, the claim for service connection for bilateral hearing loss is denied.

The Veteran's claims for increased ratings and TDIU were denied, while her claim for a total disability rating based on individual unemployability was granted. The Veteran is now receiving a 10% disability rating for patellofemoral pain syndrome of the right knee from May 14, 2003 to June 1, 2011.

The Veteran's tinea versicolor was first diagnosed and treated during service, meeting the criteria for service connection.

The Board has remanded the Veteran's claims for bilateral knee disabilities, including schedular and extraschedular increased ratings, as well as his claim for a TDIU. The case will be returned to the Board after further development.

The Veteran meets the schedular criteria for a TDIU and her service-connected disabilities preclude her from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's left knee disability and sleep disorder were not incurred or aggravated during active service, and therefore denied both claims.

The Board finds that the Veteran was not unemployable due to his service-connected disabilities prior to August 11, 2006. The effective date for a TDIU is fixed in accordance with the facts found and cannot be earlier than the date of claim.

The Board has determined that the Veteran's PTSD is related to his service and grants entitlement to service connection for PTSD. The right knee disorder claim remains pending as additional development is required.

The Board has determined that further development is necessary before the claims can be adjudicated.

The Veteran's service-connected disabilities of the bilateral knees, bilateral feet, and low back did not preclude her from securing and following a substantially gainful occupation consistent with her education and occupational background prior to July 2012.

The Board has determined that the Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment, and therefore grants an extraschedular total disability rating based on individual unemployability.

The Veteran's appeals have been withdrawn, and the Board has dismissed the appeal due to lack of jurisdiction.

The Veteran's acquired psychiatric disorder, diagnosed as PTSD and depression, is related to his military service. Service connection is granted for this condition. No other conditions are found to be related to service or due to exposure to herbicide agents.

The Veteran's appeal is being remanded due to the need for additional development regarding his service connection claims, particularly concerning his bilateral pes planus and knee disabilities.

The Veteran's right knee replacement resulted in chronic residuals consisting of severe painful motion or weakness, warranting a 60 percent disability rating prior to July 7, 2016. The appeal is granted for the higher rating.

The Board has determined that the VA examinations are inadequate and new examinations are necessary to properly evaluate the Veteran's service-connected conditions. The appeal is being remanded for these purposes.

The Board has determined that the Veteran's low back disability is not related to his active duty service and denied service connection for this condition. The claim for an initial rating in excess of 10 percent for right knee instability remains pending.

The Veteran has withdrawn his claims for an initial disability rating in excess of 10 percent for service-connected limitation of extension of the right knee, an initial compensable disability rating for service-connected scars of the face, service connection for residuals of a traumatic brain injury (TBI), and service connection for left foot arthritis.