Knee decisions — 2012

The Board has remanded the case for further development, including determining whether there are two separate ratings assigned under Diagnostic Code 5257 and if one is assigned under a different code. The veteran's claim for increased rating of left knee disability will be reconsidered based on this additional information.

The Veteran's combined service-connected disabilities do not meet the minimum schedular criteria for a TDIU, and his employment is not prevented by these conditions alone.

The Board has determined that the Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, but may be eligible for an extraschedular rating due to his unemployability.

The Board has granted the Veteran's claim for service connection for hemorrhoids. The remaining issues are addressed in the REMAND portion of the decision and are being remanded to the RO.

The Board finds that the preponderance of the evidence is in favor of finding that the Veteran's left knee degenerative joint disease sustained actual improvement and that, therefore, the reduction in the disability rating from 40 percent to 10 percent was appropriate. The claim for an increased disability rating is denied.

The Veteran's appeal is remanded due to incomplete VA treatment records and the need for additional examinations.

The Board is remanding the case to consider whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a chronic bilateral knee disability, as well as issues regarding left hip trochanteric bursitis (to include as due to service-connected right hip trochanteric bursitis) and bilateral heel spurs. The Veteran is being asked to provide any relevant medical records from Johnston Island Base Hospital.

The Board denied service connection for a bilateral knee condition and diabetes, as well as an increased rating for migraine headaches and lumbar spine degenerative disc disease.

The Board has directed that the Veteran undergo a VA examination to determine if his right knee and leg condition is related to service or secondary to his service-connected scar, right foot. The claim will be remanded for this purpose.

The Board grants service connection for right knee disability, currently diagnosed as osteoarthritis and degenerative joint disease. The claim for left knee disability is pending due to lack of specific diagnosis in the original decision.

The Veteran's claims for service connection were granted, with the exception of his claim for a left hand disability. The remaining conditions were found to be related to his military service and assigned initial noncompensable evaluations.

The Veteran's right knee disorder was found to be incurred in service, leading to the grant of service connection. His low back disability resulted in an initial 40% rating for his lumbar strain condition, with separate ratings assigned for radiculopathy affecting both lower extremities and a tender scar associated with herniorrhaphy.

The Board finds that service connection is warranted for a disability of the right knee, as it is related to in-service complaints and treatment. Service connection for disabilities of the bilateral hips is not established.

The Board has determined that service connection is warranted for a psychiatric disorder, adjustment disorder with depressed mood, as it is secondary to the Veteran's service-connected right hip disability. The remaining issues of service connection are addressed in the REMAND portion of this decision.

The Veteran's claims of entitlement to compensation under 38 U.S.C.A. § 1151 for lumbar spine disorder, right knee disorder, and left knee disorder are denied as there is no evidence that the current disabilities were caused by VA treatment or examination.

The Veteran's appeal is being remanded for a VA examination to assess the nature and etiology of his knee disorders.

The Board has determined that a VA examination is needed to determine the etiology of any current left knee disorder and whether it was aggravated during service. The Veteran's claim will be remanded for this purpose.

The Veteran's appeal is being remanded due to the need for a third hearing before a Board member who will ultimately decide his case.

The Board denied the Veteran's claims for ratings in excess of 10 percent for his right knee chrondromalacia patella with DJD and instability, as well as limitation of motion. The evidence did not show more than mild lateral instability or flexion limited to 45 degrees.

The Board has granted service connection for bilateral pes planus with plantar fasciitis, finding that the Veteran's current condition is related to his military service. The remaining claims of service connection for an acquired psychiatric disorder, a right knee disorder, and bilateral shin splints are remanded for additional development.