Knee decisions — 2013

The Veteran's right knee extension was not limited to 10 degrees or more, and flexion was limited to 120 degrees at worst. The Board found that the evidence did not support a higher evaluation under Diagnostic Codes 5260 (limitation of flexion) or 5261 (limitation of extension).

The Veteran's left knee disability, prior to October 13, 2010, was rated at 10 percent for limited flexion. From December 1, 2010, the disability has been rated as 10 percent due to post-surgical changes and ongoing pain.

The Veteran has withdrawn his appeal of the claims seeking higher initial ratings for PTSD and disabilities of the low back, left knee, right ankle, and right wrist.

The Veteran's appeal of the May 2005 rating decision was found to be timely, and as a result, all underlying claims for service connection are now considered granted.

The Board has remanded the claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to the need for further action by the RO/AMC in submitting the claim to the Director, Compensation and Pension Service for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Veteran seeks service connection for bilateral knee and back disorders, alleging that he fell off a truck during service. The Board has determined that additional development is needed to clarify the nature of his injuries and their relationship to service.

The Board found that the Veteran's bilateral knee disability was not related to his service or a service-connected condition, and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining his SSA award letter and employment history information. A VA examination will be scheduled to assess the impact of his service-connected disabilities on his ability to work.

The Veteran's right leg neuropathy is related to his military service, while the left knee disability has been granted a 10% rating based on limitation of motion.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge of the Board.

The Veteran has withdrawn his appeals for the issues of service connection for a low back disorder, bilateral shoulder disorder, tingling of the hands, bilateral knee disorder and blurred vision.

The Veteran's death was not service-connected, and the claim for DIC under 38 U.S.C. § 1318 is denied.

The Veteran's service-connected right knee disability warrants a combined rating of 20 percent from March 5, 2008.

The case is being remanded for further development, including adjudicating the Veteran's claims for higher ratings of his service-connected disabilities and considering a TDIU under 38 C.F.R. § 4.16(b).

The Veteran's service connection claims for hypercholesterolemia, right hip disability, left hip disability, neuropsychiatric condition (depression), cervical spine disability, bilateral neuropathy and radiculopathy of the lower extremities, degenerative joint disease of the knees, bulging disc and herniation, degenerative changes of the ankles, and thoracic paravertebral myositis were denied. The Veteran's service-connected lumbar spine disability is rated at 20 percent.

The Board found that the Veteran's current knee disabilities are due to aging and denied service connection for left and right knee disorders.

The Veteran's claims for service connection for left knee, right hip, and low back disabilities were denied initially. New evidence received since the May 2005 Board decision does not raise a reasonable possibility of substantiating these claims.

The Veteran's claims for increased ratings for chondromalacia patella of the left knee and flat feet prior to July 17, 2010 were denied as there was no evidence showing that the conditions warranted a rating in excess of 10 percent.

The Board has determined that the Veteran's left knee disorder is related to his in-service symptoms and granted service connection for this condition. The issue of bilateral hearing loss was also addressed, but as it pertains to a separate claim, it remains pending.

The Veteran was married to his second former spouse, T., from April 12, 2003 to September 22, 2006. The Board finds that the Veteran should be entitled to increased dependency compensation benefits based on marriage for this period due to extenuating circumstances.