Knee decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records and possibly scheduling a VA examination. The issues on appeal are related to her claimed knee disabilities.

The Veteran's claims for increased disability ratings for his left and right knee conditions have been denied as the evidence does not support a higher rating under the applicable diagnostic codes.

The Veteran's service-connected right knee disability has been evaluated as 10 percent disabling since December 1, 2008. The Board found that the evidence did not support a higher rating for his right knee disability.

The Board has determined that the Veteran's right knee disability is related to his service, while his left knee disability is not causally or etiologically related to service.

The Board finds that the reduction of the rating assigned to the Veteran's service-connected subluxation of the right knee from 20 percent to 10 percent, effective November 1, 2009, was proper. The evidence of record does not reflect that the Veteran's service-connected subluxation of the right knee manifested with recurrent subluxation or lateral instability as required for a higher rating.

The Board has remanded the case due to an issue of whether there is clear and unmistakable error (CUE) in a prior November 2004 rating decision that denied reopening the Veteran's claim for service connection for right knee injury. The issue of whether new and material evidence has been received to reopen the claim remains pending.

The Board determined that the reduction in disability ratings for instability of the right knee and limitation of motion in the right knee from 30 percent to 10 percent was proper, effective April 1, 2007.

The Board denied increased ratings for right knee arthritis and instability, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has determined that there has not been substantial compliance with the remand directives and that it may not proceed with a decision at this time. The case is REMANDED for further evidentiary development of the issues on appeal.

The Board has decided to remand the case for further development, including obtaining a new VA examination and updating VCAA notice.

The Board granted a 30 percent evaluation for bilateral hearing loss effective June 5, 2009. The Veteran's other claims were withdrawn.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection, including obtaining relevant SSA records and VA treatment records. The examiner's opinions regarding the left knee and right knee conditions need clarification.

The Veteran's claim for service connection for bilateral pes planus is denied as there is no competent, credible and probative evidence of current bilateral pes planus.,The Veteran's claim for service connection for residuals of frostbite of the bilateral knees (claimed as knee disability) is denied as there is no competent, probative medical evidence of any residuals of frostbite or any knee disability.,The Veteran's request to reopen a previously disallowed claim for service connection for heart disorder (previously characterized as rheumatic heart disease and claimed as a heart murmur) has not been met with new and material evidence. The January 1960 denial remains final.,The Veteran's claim for an initial rating in excess of 30 percent for PTSD is denied as the symptoms do not meet or approximate the criteria for a higher rating under Diagnostic Code 9411.,The Veteran's request for an effective date earlier than December 17, 2008 for service connection for PTSD lacks legal merit.

The Veteran's lumbar strain, formerly rated as intervertebral disc syndrome, was granted a 40 percent rating effective February 8, 2010. The left knee degenerative joint disease remains at a 10 percent rating.

The Veteran's claim for service connection for right knee arthritis was denied as there is no evidence of a nexus between his current condition and his military service.

The Veteran's right and left knee disabilities have been rated based on limitation of motion. The rating has been granted for the left knee, but not for the right knee beyond December 31, 2004.

The Board has remanded the case for further development, including obtaining updated VA treatment notes and a VA supplemental medical opinion. The Veteran's representative is to be notified of the February 2013 supplemental statement of the case.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim or factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Veteran's increased disability rating for osteoarthritis of the left knee was granted, with a current evaluation of 30 percent effective February 13, 2013.

The Veteran's service-connected knee disabilities have been rated as 20 percent disabling for dislocation of semilunar cartilage and separately as 10 percent disabling for limitation of extension, resulting in a total rating of 30 percent.