Knee Board decisions

The Veteran's appeal is being remanded due to the need for additional medical records and an addendum opinion regarding his service connection claims.

The Veteran's right knee disability is being remanded for additional examination and development due to assertions of increased severity since the last VA examination.

The Board has determined that the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) was not raised by the Veteran or the record as part of his appeal for increased evaluations for bilateral pes planus with calluses. As such, the Board lacks jurisdiction over this matter and refers it to the Agency of Original Jurisdiction (AOJ).

The Veteran's claim for increased ratings for his left knee disability was denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's service-connected cervical spine herniated disc status post fusion is rated at 20 percent since April 4, 2008. The Board granted a higher initial rating for the cervical spine disability from April 4, 2008 to present.

The Veteran's initial ratings for subluxation of the patella in both knees have been granted, but she now claims her conditions have worsened and seeks higher ratings. The Board has ordered a new VA examination to assess her current level of disability.

The Board found that the Veteran's hallux valgus was not related to service or his service-connected plantar fasciitis, and denied this claim.,For the right knee disability, the Board noted there is no evidence of a right knee injury in service. The examiner opined that the current arthralgia is less likely than not caused by or aggravated by his service-connected bilateral foot condition (specifically, plantar fasciitis).

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected left knee disability. The issue will be reconsidered after the examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA medical records and scheduling a new VA examination to address his claims for service connection.

The Veteran's service-connected conditions do not combine to preclude him from securing and following a substantially gainful occupation.

The Veteran's right knee disorder, including his right hip and left thigh disabilities, has been rated at 20 percent since July 25, 2008. The current rating adequately reflects the limitation of motion in the right knee.

The Board has denied service connection for right and left knee disabilities, finding no evidence of such conditions during active duty or within one year post-service. However, the Veteran's current bilateral foot fungus condition (onychomycosis) is found to be secondary to his service-connected diabetes mellitus.,Service connection was granted for onychomycosis based on its aggravation by a pre-existing condition (diabetes mellitus).

The Veteran's appeal for TDIU was dismissed because he did not file a timely Notice of Disagreement (NOD) within one year of the March 2016 rating decision.

The Veteran's lumbar spine disability is rated at 40 percent, and he has met the schedular criteria for a TDIU as of August 1, 2010.

The Board has determined that the Veteran's bilateral knee disability is not service-connected and denied his claim. The left shoulder disability was also considered, but no higher rating could be granted.

The Board has denied the Veteran's claims of entitlement to service connection for right knee disorder, left knee disorder, and back disorder. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board has determined that the Veteran's right shoulder and right knee disabilities are not related to his military service, and thus denied both claims.

The Board has ordered additional development to address the Veteran's claims for service connection and TDIU, including obtaining updated VA treatment records, private medical records, and arranging for an orthopedic examination of his right knee.

The Board has remanded the case for further development, including obtaining a VA examination and additional records. The Veteran's claim of entitlement to a rating in excess of 30 percent for his service-connected left knee disability is pending.

The Veteran is granted TDIU on an extraschedular basis from December 3, 2009, through March 26, 2010. The Board found that the evidence was at least in equipoise and resolved any doubt in favor of granting TDIU due to his service-connected disabilities.