Knee decisions — 2013

The Veteran's claims for increased ratings for his right and left knee chondromalacia patella were denied as the evidence did not show any additional functional loss due to pain or other factors that would warrant a higher rating.

The Board has determined that the Veteran's claimed bilateral leg disability, peripheral neuropathy, periodic leg movement of sleep, and Baker's cyst in the right knee are not service-connected.

The Board has determined that the Veteran's degenerative joint disease of both knees is related to his period of active service, granting the claims for service connection.

The Board has ordered a remand to obtain an adequate opinion regarding the etiology of the Veteran's current left lower extremity disabilities, including whether they are related to service or a service-connected condition.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for left knee and hip disorders, including as secondary to a service-connected left ankle disability. The case will be remanded for further action.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for a VA examination to assess the severity of his service-connected knee disabilities. The claims will also be considered in light of any potential extraschedular considerations.

The Veteran withdrew his appeals for the issues of entitlement to service connection for status post left abdominal muscle strain, entitlement to service connection for a cardiac condition, and a higher initial rating for the service-connected degenerative joint disease of the left knee.

The Veteran's appeal is being remanded to obtain additional service and personnel records, clarify his actual dates of active service, provide Kent-compliant notice for the left shoulder disability claim, schedule VA examinations for diabetes mellitus, hypertension, and a left knee disability, and readjudicate all issues on appeal.

The Veteran's claim for service connection for a right knee disability, including as secondary to his service-connected chronic right ankle sprain, is being remanded due to the need for additional development and examination.

The Board has reopened the Veteran's claims for psychiatric disability and left knee disorder, finding new and material evidence. ,Service connection is granted for left knee degenerative joint disease as secondary to service-connected right knee disability.

The Board has determined that the Veteran's right knee disability, diagnosed as osteoarthritis, is service-connected due to its onset within one year of his military service and a current degree of severity.

The Veteran is appealing the severance of his temporary total disability rating for his service connected left knee disability. The RO proposed to sever the Veteran's temporary total disability rating based on a finding that the August 2007 grant and December 2007 extension were based on clear and unmistakable error due to an unrelated fall in February 2007. The case is being remanded for further development, including obtaining complete VA treatment records from February 2007 and any private treatment records identified by the Veteran.

The Veteran's claims for service connection and increased ratings were denied. The Veteran was granted service connection for bilateral hearing loss, but not with a compensable rating.

The Veteran died due to hypertensive cardiovascular disease. At the time of his death, he had service-connected conditions including major depressive disorder, degenerative joint disease of the right knee, chondromalacia of the left knee, and inactive pulmonary tuberculosis. The Board found that these conditions did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran does not have a disability manifested by chronic pain of the left toe, hip, knee, and shoulder due to disease or injury that is secondary to her service-connected herpetic neuralgia. The claim for headaches as secondary to herpetic neuralgia was denied because no new and material evidence was submitted.

The Board has determined that additional development is necessary prior to the adjudication of these claims due to missing VA treatment records and other relevant evidence.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection for a cervical spine disability and a right knee disability. This includes obtaining SSA records, California Employment Development Department records, private treatment records from UCLA Medical Center and Kaiser Permanente, scheduling the Veteran for a VA orthopedic examination, and reviewing all submitted evidence.

The Veteran's initial ratings for right shoulder rotator cuff tendonitis, degenerative changes of the thoracic spine, and right knee patellofemoral stress syndrome were denied as they do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's left knee DJD has been rated at 10 percent since December 20, 2006. The right knee DJD and instability have also been rated at 10 percent for the instability component and 20 percent for the joint component, effective January 6, 2012.

The Board denied the Veteran's claims for increased ratings for his left knee disability, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.