Knee decisions — 2011

The Veteran's right knee disability, including his partial meniscectomy and DJD, is currently rated at 20 percent for arthroscopy residuals. The Board finds that the current rating adequately reflects the severity of his symptoms.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has granted the Veteran's appeal for TDIU to the extent that his case was referred to the Director, Compensation and Pension Service for consideration of a TDIU award on an extraschedular basis.

The Board found no evidence of a right knee disorder in service and denied the claim for service connection.

The Board denied the Veteran's claim for an evaluation in excess of 10 percent for his service-connected right knee disability, finding that the evidence did not meet the criteria for such a rating.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the Veteran's claims for service connection of a right knee disability as secondary to his service-connected left knee and back disabilities, as well as other claims including increased evaluations for various conditions.

The Veteran's bilateral hearing loss is related to his active service and granted.

The Board has determined that the Veteran's service-connected bilateral hearing loss, hemorrhoids, and right knee arthritis do not warrant an initial compensable disability rating. The RO should obtain any missing VA examination reports and ensure all relevant evidence is associated with the claims file.

The Veteran's claims for service connection for left and right knee disorders have been reopened due to the submission of new and material evidence. The decision is mixed, with some issues granted and others not.

The Board found no evidence of a chronic right knee disorder in service and denied the Veteran's claim for service connection.

The Board found that the Veteran's bilateral knee disabilities were not incurred in or aggravated by his military service and are not proximately due to, the result of, or chronically aggravated by his service-connected ankylosing spondylitis.

The Veteran's claims for increased rating of left knee patellofemoral syndrome, service connection for a left shoulder disorder, and reopening of his claim for an acquired psychiatric disorder were all denied. The Board found that the evidence did not support higher ratings or new and material evidence to reopen the psychiatric disorder claim.

The Board has determined that the Veteran's pre-existing right knee disability existed prior to service and was not aggravated by active duty. However, there is a need for an opinion regarding whether the condition underwent permanent worsening beyond its natural progression during service.

The Board has determined that a new VA examination is necessary to determine the nature and etiology of the Veteran's bilateral knee complaints, as they may be related to his service-connected ankle disabilities or other identified knee disorders.

The Veteran's left knee disability is characterized by a limitation of flexion to 90 degrees and extension to 4 degrees, but no ankylosis or severe instability. A separate rating for extension limited to 15 degrees has been granted.,For the period since August 1, 2007, the Veteran's right knee disability is characterized by pain, swelling, and chronic symptoms such as effusion and occasional locking; however, subluxation or dislocation has not been shown. A rating in excess of 20 percent for this period has not been granted.

The Veteran's service-connected knee disabilities have not met the criteria for a 20 percent evaluation prior to May 21, 2007.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and providing an addendum to the May 2011 VA examiner's report.

The Board found that the evidence was at least in equipoise as to whether the Veteran's right knee disability had its onset during active service, and granted service connection for a right knee disability.

The Board has dismissed the appeal as to the issues of entitlement to service connection for Hepatitis C and a bilateral knee disability due to withdrawal by the Veteran.