Knee Board decisions

The Veteran's service-connected injuries from a slip and fall in the VA parking lot are not considered to be caused by VA treatment, thus denying his claim for 1151 benefits.

The Veteran's right knee strain, DDD of the lower back, and cervical spondylotic changes are each rated at 10 percent. The claims for higher ratings remain denied.

The Veteran's service-connected bilateral knee disabilities do not render him unable to obtain and maintain substantially gainful employment.

The Veteran's service-connected disabilities, collectively rated at 90 percent, do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's left knee disability is not shown to be related to service or his service-connected right knee disability, and the Board finds that he does not meet the criteria for service connection.

The Board has remanded the claims due to a scheduling conflict, and the Veteran's attorney requested rescheduling of his Board hearing.

The Veteran's claims for increased evaluations of his left and right knee disabilities were denied. The Board found that the evidence did not meet the criteria for a higher evaluation prior to February 23, 2011.

The Veteran's service-connected degenerative joint disease of the right and left knees, along with instability in both knees, warrants an initial compensable rating (10%) for each knee. The RO assigned separate ratings based on the April 2013 VA examination showing painful motion.

The Board denied the Veteran's claims for service connection and other issues, finding that new and material evidence was not presented to reopen her previously denied claims. The decision also addressed the earlier effective date claim.

The Board has ordered additional development due to the need for VA medical records and service personnel records. The Veteran's appeal will be returned to the AOJ for further consideration.

The Veteran developed additional disability (decubitus ulcers eventually necessitating above knee amputations) as a result of an improperly fitted wheelchair prescribed by VA, which was due to VA's failure to exercise the degree of care that would be expected of a reasonable health care provider in prescribing and monitoring the Veteran's use of the wheelchair. The Board finds that compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of decubitus ulcers of the lower extremities, to include above knee amputations is warranted.

The Veteran's right and left knees have been rated based on their service-connected conditions, with the highest possible rating of 10 percent for each knee.

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it is secondary to his service-connected conditions, including major depression, failed neck syndrome with degenerative joint disease and right C-5 radiculopathy, acromioclavicular sprain of the right shoulder with Mumford procedures, right knee chondromalacia and left knee chondromalacia.

The Veteran's lung disability has been rated at 100% since June 14, 2012. The left shoulder and right knee disabilities have also received increased evaluations.

The Board has determined that the Veteran does not have a current right or left knee disability, and his bilateral hearing loss is not service-connected. The Board also finds that hypertension was present within one year of separation from service.

The Board has determined that the Veteran's Ehlers-Danlos syndrome, diagnosed as left knee, right ankle, left ankle, bilateral hip, back, bilateral shoulder, bilateral elbow, bilateral wrist, and right knee disabilities, was aggravated beyond its natural course during his active duty.

The Veteran's left knee patellofemoral pain syndrome and recurrent patellar subluxation are currently rated at 10 percent and 20 percent, respectively. The bilateral pes planus with plantar fasciitis is not separately rated due to the lack of a service connection theory for this issue.

The Board has denied the Veteran's claims for service connection for right knee, bilateral hip, and back disabilities as they are not related to active service. The claim for left knee disability was previously denied but no new and material evidence has been received since the last final denial.

The Board has determined that the Veteran's right ankle condition, diagnosed as right ankle instability, was caused by his service-connected right knee condition. Therefore, the claim for service connection is granted.

The Veteran's appeal involves multiple conditions and injuries, including heart disorder, thyroid disorder, left shoulder and elbow disorders, double hernia, PTSD, right and left knee disorders. The case is being remanded for further action regarding the Veteran's service connection claims.