Knee Board decisions

The Board found that the Veteran's current bilateral knee disability is not related to his in-service injury and did not meet the criteria for service connection.

The Board has remanded the case due to the Veteran's failure to appear for a travel board hearing scheduled on September 13, 2016. The case will be returned to the AOJ for further action.

The Veteran's service-connected disabilities have been rated based on their direct effects, with a rating of 20 percent for the cervical spine disability. The other conditions are not rated separately as they are considered part of the overall cervical spine disability.

The Veteran is granted a rating of 10 percent for painful, nonlimited motion in both right and left knees from September 1, 1993 to November 1, 2011.

The Board denied initial ratings higher than 10 percent for degenerative joint disease of the right and left knees.

The Board has restored the Veteran's disability rating for his service-connected lumbar spine disability from 20 percent to 10 percent, effective August 14, 2010. The reduction was not proper as there was reasonable doubt about whether there had been improvement in the Veteran's condition.

The Veteran's headaches and cervical strain were granted initial compensable ratings, with the headache rating increased to 50% effective December 9, 2009. The right upper radicular nerve group associated with his cervical spine disability was also granted a separate 20% rating.

The Board is remanding the case to schedule a video conference hearing for the Veteran due to his request, and will not address the merits of the service connection claims until after this hearing.

The Veteran's claims for annual clothing allowances in 2014 and 2015 were denied as the back braces and knee braces did not qualify under VA regulations, and topical medications used for non-service-connected conditions do not meet eligibility criteria.,VA determined that the Veteran's back brace and right knee brace did not cause irreparable damage to clothing due to their design. The use of topical medications was also deemed ineligible as they were prescribed for a condition unrelated to service connection.

The Veteran's claims for higher ratings for his left knee and ankle disabilities have been denied. The Board found that the evidence did not support a rating in excess of 30 percent for his left knee disability or any additional compensation beyond what is currently assigned.

The Board has remanded the case for further development, including additional examinations and medical opinions to address the appellant's claims of service connection for a chronic low back disorder, left knee DJD, and diabetes mellitus type II with associated disabilities. The issues related to TDIU are also being held in abeyance.

The Veteran's ankle, knee, hip, shoulder, hand, and back disabilities are not service-connected. Early onset peripheral neuropathy of the lower extremities is also not service-connected.

The Board denied increased ratings for arthritis of the right and left knees, finding that the Veteran's flexion was at least to 90 degrees or better with no measured limitation of extension.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated VA treatment records and private medical records. The Veteran will also be afforded examinations to address his left knee disability, depressive disorder, and left hip condition.

The Veteran's claim for service connection for a left knee disability, including as secondary to a service-connected back disability, is being remanded due to the need for additional medical examination and development.

The Board denied the Veteran's claims for service connection for a right hip disability, depressive disorder, joint pain in shoulders, left hip, and left knee, melanoma, basal cell carcinoma or nevus, and toe joint disorders. The decision also addressed whether new and material evidence had been received to reopen the previously denied claim for right hip disability.

The Veteran's current sleep apnea is found to have started during active service and is granted as service-connected.,There is no evidence of a chronic knee disability in service, and the Veteran does not meet the criteria for service connection based on continuity of symptomatology. The claim for bilateral knee disability is denied.,The Veteran's acquired psychiatric disability (to include PTSD) is found to be unrelated to active service.

The Board has remanded the case due to insufficient detail in the March 2016 VA examination report and the need to consider secondary service connection for a right knee disability.

The Board denied an earlier effective date for the assignment of a 10 percent rating for recurrent tendonitis of the left knee with cartilage loss, finding that the appellant's original claim and subsequent increased rating were final decisions.

The Board has remanded the issues of service connection for a right knee disability and entitlement to TDIU due to inaccuracy in the factual premise used by the examiner's April 2016 opinion. The Veteran is entitled to a new examination to determine the etiology of his right knee disability.