Knee Board decisions

The Board has determined that the Veteran's bilateral knee disability is not related to service and therefore denied his claim for service connection.

The Veteran's combined service-connected disability rating is 70 percent, but the Board found that his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's back disability is service-connected, resolving reasonable doubt in his favor. The Board also found that there was not enough evidence to establish a link between the Veteran's arthritis of the knees and service.

The Board denied the Veteran's claims of service connection for a bilateral knee disorder and sleep apnea as secondary to hypertension. The Board found no evidence linking these conditions to service.

The Veteran's appeal of the issue of service connection for a bilateral hearing loss disability has been withdrawn. The Board does not have jurisdiction to review this issue and it is therefore dismissed.

The Board has granted the Veteran's claims of service connection for an acquired psychiatric disorder, including PTSD, Major Depressive Disorder, and Anxiety Disorder; an eye disorder (including as a qualifying chronic disability under 38 C.F.R. § 3.317); arthritis; a neck disorder other than arthritis; headaches; and a right knee disorder.

The Board found that the Veteran's claimed foot, knee, and back disorders are not related to his military service.

The Veteran's service-connected disabilities have been found to preclude him from securing or following a substantially gainful occupation, and he is granted a TDIU effective September 5, 2007.

The Veteran's right knee condition is rated at 10 percent disabling due to limitation of flexion. A separate 10 percent rating for instability of the right knee has also been granted. Service connection for a left knee condition as secondary to service-connected right knee arthritis has been established.

The Veteran's service-connected fibromyalgia, migraines, and other conditions have prevented her from securing or following substantially gainful employment. The Board has granted a TDIU.

The Veteran's appeal is being remanded to allow for further development of his claims, including obtaining VA and private treatment records, scheduling a VA examination, and determining the etiology of his acquired psychiatric disorder, right knee and shoulder disabilities, and right hand neuropathy.

The Veteran's left knee disability has been rated at 10 percent since March 1997. The most recent VA examination in February 2013 showed no degenerative arthritis and limited flexion to 120 degrees with pain at 110 degrees, full extension to 0 degrees. There was no additional loss of function on repetitive motion testing.

The Board finds that the recoupment of severance pay from VA disability compensation is required by law and denies the appeal.

The Board has determined that the Veteran's bilateral hearing loss was incurred in active military service and granted service connection for this condition. The left knee disorder issue is pending as it involves an increased rating.

The Veteran's left knee instability and post-ACT repair left knee disability have been rated at 10% prior to October 1, 2010, and increased to 30% effective October 1, 2010.

The Board has determined that the Veteran's current right knee disability is etiologically related to his service, and thus grants service connection for this condition.

The Veteran's claims for higher evaluations for his right and left ankle disorders, as well as his right and left knee arthritis, have been denied. The highest schedular rating available for the right ankle disorder is 40 percent due to ankylosis, which is already assigned. For the left ankle arthritis, there is not more than a moderate limitation of motion. For the right and left knee disorders, prior to October 30, 2014, neither knee showed limitations in extension or flexion that would warrant higher ratings. Since October 30, 2014, the Veteran's knees do not meet the criteria for higher evaluations.

The Board has remanded the case due to unclear evidence regarding right knee instability and new private treatment records need to be obtained. The Veteran will undergo a VA examination for his right knee.

The Board has granted service connection for nocturnal myoclonus, a chronic disability that manifested within one year of the Veteran's separation from active duty. The claim for a sleep disorder was denied as there is no evidence showing it was incurred in or aggravated by service.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, and the preponderance of evidence is against his claim for TDIU.