Knee decisions — 2013

The Veteran's bilateral knee disabilities and fatigue have been granted increased ratings of 10 percent each, while the acquired psychiatric disorders are rated at 50 percent. The TDIU claim has been withdrawn.

The Veteran's appeal is being remanded for scheduling an updated VA compensation examination to assess the current severity of her bilateral knee disabilities and obtaining additional treatment records.

The Board has remanded the Veteran's claims for higher ratings for his right knee disability due to a lack of recent VA treatment records and an orthopedic examination.

The Veteran is seeking a VA clothing allowance due to the need to wear knee braces. The issue of service connection for his left and right knee disabilities, as well as other conditions like hearing loss, tinnitus, and prostate cancer, are pending before the Board.

The Veteran's cervical spine, lumbar spine, and right knee disabilities were not shown to be related to service.,VA has reviewed all available evidence and determined that the preponderance of the evidence does not support a finding that any current disability is due to service.

The Veteran's claims for higher ratings for his service-connected left knee disability and instability, as well as service connection for an acquired psychiatric disorder secondary to the knee disability, were denied. The initial rating of 10% for bursitis was maintained, while a separate 10% rating for instability prior to October 5, 2011, was also denied.

The Board found no evidence of a right knee disability during service or any period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA). The Veteran's reported history of an in-service injury is not credible, and the VA examiner opined that there was no relationship between his current right knee disability and service. Therefore, service connection was denied.

The Veteran's right knee instability is rated at 20 percent, while his left knee instability remains at 10 percent. The decision on arthritis for both knees has not been determined yet.

The Board has determined that the Veteran's current back, right knee, and left knee disabilities are not related to his active service. The evidence does not show a chronic disease in service or continuity of symptomatology since separation from service.

The Board found that the Veteran's right knee disability is service-connected due to in-service combat injuries, and granted service connection for degenerative joint disease of the right knee. The issue of TDIU prior to January 5, 2010 remains on appeal.

The Veteran's degenerative arthritis of the right and left knees is currently rated at 10 percent, which does not meet the criteria for a higher evaluation based on limitation of motion or other factors.

The Board has remanded the case for additional development due to incomplete records and inadequate examination reports.

The Board found that the Veteran's right knee and right ankle disabilities are not related to his service-connected left knee and left ankle disabilities, and thus denied service connection for these conditions.

The Veteran's initial rating for internal derangement of the left knee with arthritis and limitation of motion is denied as his flexion does not limit to 45 degrees and extension does not limit to 10 degrees.

The Veteran's left shoulder tendinitis is rated at 20 percent, but his right knee disability results in a TDIU. The decision on the left shoulder rating remains pending as it was not fully adjudicated.

The Veteran's initial rating for internal derangement of the left knee with arthritis and limitation of motion is denied as his flexion does not limit to 45 degrees and extension does not limit to 10 degrees.

The Board finds that the recoupment of disability severance pay by withholding VA disability compensation benefits from February 1992 to August 2010 was proper based on the law as written by Congress and implemented by VA regulation.

The Veteran's right and left knee strain with arthritis have been evaluated based on limitation of motion, but the evidence does not support a rating in excess of 10 percent for either knee during the period from September 29, 2004, through August 30, 2010.

The Veteran's claims for increased ratings are being remanded to allow for a VA examination and further development of the evidence.