Knee decisions — 2012

The Veteran's service-connected left knee disability is currently rated at 20 percent, which corresponds to limitation of motion and instability. The VA examiner found that the Veteran's flexion was limited to no more than 85 degrees with pain, while extension remained at 0 degrees.

The Board has remanded the case due to the Veteran's failure to appear for scheduled hearings and requests a new hearing.

The Veteran's claims for increased ratings for his left and right knee disabilities were denied. The Board found that the evidence did not show such an exceptional disability picture to warrant extra-schedular consideration.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and an examination to determine the current severity of the Veteran's right knee disorder.

The Board denied reopening the claim for service connection for a right knee disability, to include as secondary to service-connected left knee disabilities due to lack of new and material evidence.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, treatment records, and a determination of whether he is unemployable due to his service-connected knee disabilities.

The Veteran's claims for increased ratings were denied. The RO/AMC granted a 40% rating for the right ankle disorder, but did not address other issues or conditions.

The Veteran's right knee injury and posttraumatic stress disorder were found to be service-connected, allowing accrued benefits.

The Veteran's left knee disability is not service-connected as it was not manifested during his active duty and there is no evidence of continuity of symptomatology. The Board finds that the current left knee disability is more likely due to natural progression of arthritis rather than a service event or injury.

The Veteran's right knee disability is currently rated at 60 percent disabling under Code 5055, for prosthetic knee replacement. The claim for an extraschedular evaluation is denied as the rating schedule adequately addresses his symptoms and there are no exceptional factors present.

The Board has determined that the Veteran's right knee and right hand disabilities are not service-connected as they are not shown to be related to his military service.

The Veteran's appeal is being remanded for additional development, including a new VA examination of her left knee disability and issuance of a statement of the case regarding her chronic sinusitis claim.

The Veteran's claims for increased ratings for his left knee instability and arthritis were denied as the evidence did not show that either condition more closely approximated severe recurrent subluxation or lateral instability, or flexion limited to at least 30 degrees with extension limited to at least 15 degrees.

The Veteran's right knee disability is rated at 20 percent for locking, pain and effusion into the joint. Beginning July 17, 2012, he has a separate 10 percent rating for instability of the right knee joint.,For his left knee disability, the Veteran receives a 20 percent rating for locking, pain and effusion into the joint. He does not have any limitation of motion warranting an additional rating.

The Veteran's service-connected right and left knee disabilities are currently evaluated as 10 percent disabling under Diagnostic Code 5259. The VA examinations have shown slight limitation of motion in both knees, without instability or other significant findings warranting higher ratings.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling examinations. The case will be readjudicated after all necessary steps are taken.

The Veteran's timely Substantive Appeal allowed for the reopening of his claims and granted him increased ratings for lumbosacral strain and cervical strain, effective from October 6, 2009.

The case is REMANDED for a Board hearing and further development. The Veteran will be scheduled for a hearing either at the local RO or via video conference, whichever they prefer.

The Veteran's claims for higher ratings for his right and left knee disabilities are being remanded to obtain additional medical evidence, including a VA examination. The RO will also consider the claim for service connection for a low back disorder.

The Board has remanded the case due to a failure in recording the hearing and offers the appellant an opportunity for a Travel Board hearing.