Knee Board decisions

The Veteran's right shoulder and right knee disabilities have been rated as noncompensable prior to September 26, 2013. The appeal for higher ratings is granted.,Effective September 26, 2013, the Veteran's right shoulder and right knee disabilities are rated at 10 percent.

The Board has determined that further development is needed for the Veteran's claims, including obtaining additional medical records and scheduling VA examinations to reassess his spine disability and determine if a right knee disability is related to service.

The Board has reopened the Veteran's claim for service connection for a right knee disability. However, it denied his claims of service connection for COPD and asbestosis/asbestos exposure-related disease due to lack of evidence linking these conditions to his military service.

The Veteran appeals for an earlier effective date for the grant of a total disability rating based on individual unemployability, which was granted in July 2011. The appeal is remanded to refer the case to the Director, Compensation Service for consideration under 38 C.F.R. § 4.16(b).

The Veteran's claim for service connection for herpes simplex keratitis is granted. The initial disability rating in excess of 10 percent for the service-connected right knee disability remains denied.

The Veteran's muscle condition, low back disability, right knee disability, and index finger disability are not service connected. The Board found no evidence to support the Veteran's claims for increased ratings.

The Board has determined that the appellant does not have a current diagnosis of chronic fatigue syndrome and therefore, service connection for this condition is denied.

The Board found no evidence to support the Veteran's claim that his current bilateral knee disability is related to his military service, including his active duty in Iraq and Army National Guard service. The VA medical opinions provided did not establish a link between the Veteran's current condition and his service.

The Board has remanded the case for additional development due to ambiguity in the VA examiner's opinion regarding whether any right knee disorders manifested prior to total knee replacement had their onset in service or were caused by active duty service.

The Board has determined that the Veteran's right knee disability is causally related to his service-connected right ankle disability, and thus grants service connection for this condition on a secondary basis.

The Board denied service connection for right knee disorder, back disorder, bilateral foot condition, and lung disorder due to lack of evidence linking these conditions to service or service-connected disabilities.

The Veteran's right knee DJD was rated at 10% prior to March 11, 2014 and increased to 20% thereafter.,Prior to December 8, 2010, the Veteran's arthritis of the right hand was rated at 10%, but from that date it is rated at 40%. The left hand arthritis remains at 10%.

The Board has remanded the case due to the need for clarification on whether any service-connected disability contributed to the Veteran's death. The appellant asserts that the Veteran's obstructive sleep apnea caused or materially contributed to his cause of death.

The Veteran's left knee disability is found to be at least as likely as not aggravated by service.,The Veteran's low back disability is found to be at least as likely as not incurred during active duty for training.

The Veteran's left knee disability was found to not meet the criteria for an increased rating in excess of 10 percent or a separate compensable evaluation for left knee effusion and degenerative joint disease.

The Board has determined that the Veteran's right knee disability, diagnosed as patellofemoral syndrome, is not related to his in-service injury and therefore denied service connection.

The Veteran's appeal is being remanded due to the need for additional development, including preparation of an SOC and scheduling a Board hearing.

The Board finds that the overpayment of educational assistance benefits in the amount of $5259.00 is invalid due to VA's administrative error and grants the Veteran's request for waiver of this overpayment.

The Board found that the Veteran's right knee disability was caused or aggravated by his service-connected post-operative residuals, tear of the right popliteal artery and vein. However, the left knee disability did not manifest during active military service nor within one year of service separation, and was not caused or aggravated by his service-connected post-operative residuals, tear of the right popliteal artery and vein.

The Board finds that the Veteran's right knee and bilateral hip disabilities are not related to his active service or a service-connected condition. The evidence does not support a finding of continuity of symptomatology, nor is there any medical opinion linking these conditions to service.