Knee decisions — 2013

The Veteran's initial evaluations for his bilateral knee disabilities were denied, but he was granted separate 30 percent evaluations for limitation of extension in each knee effective August 8, 2011.,His initial evaluations for the primary disability (bilateral knee disabilities) have been denied.

The Board has determined that the Veteran's current degenerative joint disease of the thoracolumbar spine is not related to his service, and thus denied his claim for service connection. For his right knee and right wrist conditions, further examination is needed to determine if they are related to service.

The evidence does not support the Veteran's claim for service connection for a left knee disorder, including as secondary to his right knee disability. The preponderance of the evidence indicates that any current left knee condition is not related to military service or a service-connected disability.

The Veteran's left knee disability, post-total knee replacement, has not met the criteria for a rating in excess of 30 percent from April 1, 2011 to the present.

The Veteran's right knee disability, characterized as status post medial meniscus repair, has been rated at 10 percent since October 21, 2003. The Board has determined that the evidence supports a grant of an increased rating to 20 percent under DC 5258 (dislocated semilunar cartilage with frequent episodes of locking, pain and effusion into the joint).

The Board has determined that the Veteran does not have a current right thumb disorder related to his service. However, he is granted service connection for degenerative joint disease of both left and right knees as these conditions are considered direct service-connected based on their onset within one year of service.

The Board has determined that the appellant did not have a back or left knee disability during service and cannot establish service connection for these conditions.

The Board found that the Veteran's bilateral knee disorders are not related to his military service, including an in-service ejection injury. The weight of evidence does not support a finding that the arthritis was compensably disabling within one year of separation from active duty or that there is a nexus between current diagnoses and service.

The Board has determined that additional development is needed before the claims can be fully adjudicated, including obtaining service medical records and scheduling a VA examination for the Veteran's claimed disabilities.

The Board has determined that further development is necessary before the claims on appeal can be decided. Specifically, VA medical examinations are required for tinnitus and right shoulder/bilateral knee disabilities.

The Veteran's claim for service connection of a bilateral knee disorder is being remanded due to the need for additional medical examination and development.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the acquisition of relevant medical records.

The Board found that the Veteran's left knee disability is currently rated at 20 percent, but granted a temporary 100 percent rating based on surgical treatment. The claim for an increased rating remains denied.

The Board denied service connection for a left knee disorder and night sweats. For the left knee, there was no credible evidence of a chronic disability related to service or ACDUTRA. For night sweats, while the appellant reported symptoms since basic training, there is no competent medical evidence linking these symptoms to his military service.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's current right knee disability is proximately due to or permanently aggravated by his service-connected left ankle disability.

The Veteran's left knee disabilities, including residuals of a meniscectomy and traumatic arthritis, have been evaluated at the maximum available rating (20%) for his meniscectomy residuals. His traumatic arthritis has not resulted in additional compensable limitation of motion or instability.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and the evidence is at least in equipoise that he is unemployable due to his lumbar spine disability. Therefore, entitlement to a TDIU is granted.

The Board found that the Veteran's current left knee disability is not related to his military service and denied his claim for service connection.

The Veteran's left knee replacement disability is rated at 30 percent, and the Board denied a higher rating as there was no evidence of severe painful motion or limitation of extension to at least 30 degrees.

The Board found that the Veteran's right knee disorder is not related to his military service and therefore denied his claim for service connection.