Knee Board decisions

The Veteran is seeking a TDIU based on her service-connected disabilities, which include right foot and left foot hallux valgus, post-operative bunionectomy; right foot metatarsalgia, post-operative; right and left hip strain; right and left knee strain; post-operative healed left ankle fracture with ORIF; residual scars left foot/ankle, right foot; surgical scars of the right and left great toes and right foot. The Veteran asserts that her service-connected disabilities prevent her from working due to pain caused by these conditions.

The Board has determined that the Veteran does not have current right toe or left knee disabilities and therefore, service connection for these conditions is denied.

The Veteran's appeals have been dismissed as he has withdrawn both issues on appeal.

The Board has determined that the Veteran's low back, right knee, and left knee disabilities are service-connected as they were incurred during his active military service.

The Board has determined that the claims for bilateral hearing loss, tinnitus, osteoarthritis of the right knee, and osteoarthritis of the left knee are not ripe for appellate disposition. The Veteran's claim for service connection for right spermatocele is also remanded due to a lack of an SOC.

The Board has remanded the case for further development, including obtaining SSA records related to the Veteran's claims.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as the additional disabilities are not shown to be proximately caused by VA fault or an unforeseen event.

The Board found that the Veteran's left leg and right knee disabilities did not have their onset in service or are otherwise related to his military service. The VA examinations concluded that these conditions are more likely due to natural progression of osteoarthritis, which began after service.

The Veteran's service-connected disabilities have rendered him unemployable since April 28, 2006.

The Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment consistent with his education, training and work experience. The Board finds the Veteran experienced symptoms of obstructive sleep apnea during service and that his current sleep apnea condition has been determined to be related to sleep issues suffered in service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting examinations to assess the severity of his left knee and hip disabilities. The issue of total disability based on individual unemployability (TDIU) will also be referred for extra-schedular consideration.

The Veteran's service-connected right knee, cervical spine, and lumbar spine disabilities did not render him unemployable prior to April 16, 2012. The Board found that the combined rating of these conditions was less than 70% and thus could not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). As such, the Veteran's claim for a TDIU on an extra-schedular basis prior to April 16, 2012 was denied.

The Board has determined that the Veteran's left knee, right knee, and bilateral hip disabilities are related to his active duty service. The claims for these conditions have been granted.

The Veteran's appeals for higher ratings for postoperative residuals of a hiatal hernia and left knee internal derangement with chondromalacia have been withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected knee disabilities. The TDIU issue will also be deferred until completion of this action.

The Board has determined that additional evidentiary development is necessary prior to adjudication of the issues on appeal, including requesting clarification from the Veteran and his representative regarding whether they wish to appear for a DRO conference or desire a personal hearing before the RO.

The Veteran's claims for service connection for various conditions were denied. The Board found that there was no credible supporting evidence of the claimed stressors and no current diagnosis of PTSD. For bilateral pes planus, the Board noted that the disability existed prior to active duty and did not worsen during service.

The Board has granted service connection for a low back disorder and bilateral knee disorder, finding that the Veteran's conditions are related to his active service.

The Veteran's prostate cancer residuals are rated at 20 percent since June 1, 2012. The Board finds that the evidence does not support a higher rating.

The Veteran's claims for service connection for left and right knee disabilities, as well as diabetes mellitus, are being remanded due to the need for additional medical examinations.