Knee decisions — 2013

The Veteran's claim for a higher rating for his left knee disability is being remanded due to the need for additional development, including an updated VA examination.

The Board finds that the Veteran's pre-existing left knee disorder clearly and unmistakably existed prior to service, was not aggravated by active service, and did not increase in severity during service. Therefore, the claim for service connection is denied.

The Board denied the Veteran's claims for higher initial ratings and earlier effective dates, finding no new evidence to reopen or support service connection for various conditions. The appeals were dismissed.

The Veteran seeks an increased disability rating for his service-connected right knee patellofemoral syndrome with degenerative joint disease and history of avulsion fracture, currently rated as 30 percent disabling. The RO denied the claim in December 2006, continuing a 10 percent rating based on arthritis. The case is being remanded to obtain additional medical evidence and schedule the Veteran for an appropriate VA examination.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining SSA records, arranging for VA examinations, and considering the translated June 2003 letter. The case will be returned to the RO/AMC for further action.

The Veteran withdrew his appeal for service connection for residuals of a bruised left patella before the Board could make a decision.

The Veteran's claims for service connection of right ankle, left ankle, left knee, left shoulder, left hip and neck (cervical spine) disorders were denied as there is no evidence of current disabilities.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a left knee disorder. The claims for higher initial ratings for hearing loss, shrapnel wound residuals of the left leg, dermatitis and tinea pedis of both feet, and PTSD remain denied.

The Board has granted service connection for degenerative disc disease of the lumbar spine, right knee disorder, diabetes mellitus, and sleep apnea. Service connection for hypertension was not established.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, as well as a VA examination to assess the severity of his right knee impairment. The claims will be adjudicated again after these steps.

The Veteran's service-connected knee conditions have been evaluated based on their current manifestations, and the Board finds that a higher rating is not warranted under any applicable diagnostic codes.

The preponderance of the credible and competent evidence does not establish that the Veteran's service-connected left knee disability warrants a higher initial disability rating.

The Veteran's service-connected chondromalacia of the left knee was granted a 20 percent rating effective from March 13, 2007.

The Veteran's right knee disability, characterized by limited extension and osteoarthritis, has been granted a 30 percent rating effective May 8, 2012. The claim for TDIU remains pending.

The Veteran's service-connected postoperative right total knee arthroplasty is rated at 60 percent effective December 1, 2010.

The Veteran's claims for higher ratings for her right and left knee disabilities, as well as a rating higher than 50 percent for her major depressive disorder, were denied by the Board.

The Board has determined that the Veteran's left knee, low back, and left wrist disorders are related to his military service. The evidence shows that he experienced pain in these areas since his time on active duty.

The Board has granted service connection for right and left knee patellar chondromalacia, finding that the Veteran's current bilateral knee condition is related to his active duty service. Service connection was also granted for a back condition, but further development is needed as the June 2011 VA examiner's opinion regarding the etiology of the claimed back condition is based on an inaccurate factual premise.

The Veteran's left knee disability, including the total replacement of the joint and arthritis, is currently rated at 30 percent. The appeal for a higher rating has been denied.

The Veteran's service-connected gout of multiple joints was rated at 40% prior to April 28, 2010. The Board denied an increased rating as there were no issues related to service connection and the evidence did not support a higher rating based on active process or chronic residuals.