Knee decisions — 2013

The Board has determined that the Veteran's claims to reopen his service connection for low back disorder and right knee disorder have been denied as there is no new and material evidence presented.

The Board found that the Veteran's bilateral knee and right ankle disabilities were not incurred in or aggravated by service, nor are they related to any service-connected disability. The claims for service connection have been denied.

The Board has remanded the case to the RO for additional development, including obtaining SSA disability records and Vocational Rehabilitation file. The TDIU claim is also added.

The Veteran's knee disabilities have been evaluated based on their current functional limitations, and the evidence does not support a higher evaluation under any applicable diagnostic codes.

The Veteran's right knee disability, including arthritis and instability, was found to warrant a 20 percent rating prior to May 2, 2011.

The Board denied the Veteran's claims for increased ratings for his service-connected right knee chondromalacia patella, left knee effusion, and bilateral sensorineural hearing loss. The Veteran's lumbar strain/myositis, left shoulder degenerative joint disease with impingement, and plantar fascia fibromatosis were all rated as 20 percent disabling.

The Veteran's claims for service connection were denied as there is no current evidence of a chronic right rib contusion or other claimed conditions.

The Board has determined that the Veteran's arthritis of the thumbs, back, and left knee are not directly related to service or secondary to his service-connected right knee traumatic arthritis.

The Veteran's service-connected disabilities, including a low back disorder and right knee disorder, have rendered him in need of regular aid and attendance. As such, he is entitled to special monthly compensation based on the need for aid and attendance.

The Board found that the evidence does not demonstrate an acquired psychiatric disorder, to include PTSD, and thus denied service connection for this condition. The other issues were also denied as there was no diagnosis of a current disability.

The Board has determined that the Veteran's current right knee disability, diagnosed as degenerative joint disease of the right knee with joint effusion, is related to his military service and grants service connection for this condition.

The Veteran's right total knee replacement is currently rated at 30 percent, and the Board found that it does not meet the criteria for a higher rating based on symptoms such as pain, weakness, lack of endurance, and fatigability.

The Veteran's claim for a TDIU was denied as his service-connected disabilities did not make him unemployable prior to May 22, 2008.,There was no clear and unmistakable error in the July 1988 rating decision assigning a single 10 percent disability rating for left knee disability.

The Board found that the Veteran's left knee disability was not incurred in or aggravated during service and denied his claim. The Board also found that there is no evidence of a current psychiatric disability related to service, specifically PTSD.

The Board has granted the Veteran's claim for secondary service connection for his left knee disorder, finding that it is proximately due to or the result of his service-connected right knee disability.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Veteran's service-connected left knee disabilities have not warranted an increased rating beyond the combined 40 percent prior to May 18, 2009 and the combined 60 percent after that date. The disability picture does not meet criteria for extraschedular evaluation.

The Board has granted service connection for hiatal hernia and bilateral knee arthritis, finding that the pre-existing conditions did not worsen during active duty.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the combined impact of his service-connected disabilities on his employability and considering whether referral for an extraschedular TDIU is warranted.

The Veteran's chondromalacia right knee with patellar tendon traction spurs was evaluated at a 10% disability rating from November 25, 2007 to March 6, 2012. The Board found that the evidence did not support an evaluation in excess of this rating.