Knee decisions — 2013

The Board has determined that a new VA examination is needed to address the Veteran's claims for service connection due to inadequate rationale in the previous examination report.

The Veteran's combined disability rating is 70 percent due to service-connected left and right knee replacements, hypertension, and residuals of a hernia repair. The VA determined that the Veteran's service-connected conditions do not preclude him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings for his service-connected degenerative arthritis of the right and left knees were denied as there is no evidence showing either knee has flexion limited to 30 degrees or less, nor does it show ankylosis, dislocation, impairment of the tibia or fibula, or genu recurvatum, or recurrent subluxation or instability.

The Board found that the Veteran's right knee and low back disabilities are not service-connected, as there is no evidence of their onset during or within one year after service. The VA examiners concluded that these conditions are not related to his service-connected left knee condition.

The Board has remanded the case due to inadequate opinions regarding the Veteran's claimed left and right knee disabilities. The claims are being returned for further development.

The Board found that the Veteran's disabilities of the shoulders and knees did not manifest during service or within one year thereafter, nor are they otherwise related to such service. The claims were denied.

The Veteran's appeal for an increased evaluation of his service-connected left knee disability has been withdrawn.

The Veteran's claim for increased ratings for right knee instability and arthritis was denied. The Board found that the highest schedular rating of 30 percent had been in effect for more than 20 years, and that from December 7, 2006 through July 13, 2010, her arthritis did not meet criteria for a higher rating. From July 14, 2010, the Veteran's arthritis met criteria for a 20 percent rating.

The Board has granted a rating of 30 percent for the service-connected postoperative residuals, left knee injury on the basis of instability. The Veteran's disability picture is characterized by severe instability and pain that limits flexion to 45 degrees.

The Board has ordered additional development due to the need for treatment records and a new VA opinion regarding the etiology of the Veteran's bilateral knee disability. The case will be remanded for these purposes.

The Board granted service connection for degenerative arthritis of the left knee with an effective date of August 14, 2006. The Veteran's claim was reopened and new evidence was submitted to support this decision.

The Board has determined that the issues of new and material evidence have not been met in several cases, and thus those claims are not reopened. The Veteran's pes planus is adequately compensated by the current rating schedule. His right knee and foot condition is unrelated to his service-connected pes planus or any other aspect of his service. His heart disorder, eye disorders, and skin conditions are not related to his active service.

The appeal has been withdrawn by the appellant, and thus is dismissed.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability determination information. A new VA examination will be conducted to assess the severity of his right knee disability.

The Board has granted service connection for right knee, back, and allergic disabilities. These conditions are considered secondary to the Veteran's service-connected right ankle disability.

The Veteran's appeal is being remanded for a videoconference hearing before a Member of the Board.

The Board finds that the Veteran's right knee disability, including degenerative joint disease and current status post total right knee replacement, was incurred in active service.

The Veteran's residuals of a right knee injury have been rated at 10 percent, but the Board finds that this rating is not warranted based on the current evidence.

The Veteran's left and right knee disabilities, characterized by dislocated semilunar cartilage with frequent episodes of locking, pain, and effusion into the joint, are rated at 20 percent each under Diagnostic Code 5258 for dislocation of semilunar cartilage.

The Veteran is found unable to secure or maintain substantially gainful employment due to his service-connected disabilities, and the Board grants a TDIU.