Knee decisions — 2013

The Veteran's service-connected right knee degenerative joint disease based on limitation of motion due to pain from March 30, 2007 to December 3, 2007 more closely approximated manifestations of limited flexion, at worst, to 75 degrees and limited extension, at worst, to 136 degrees. The Board granted a separate rating of 10 percent for this period.

The Veteran's claims for service connection are being remanded due to the need to obtain his service personnel records and a new opinion regarding whether he had a neurological disability of the left lower extremity within one year of discharge from service.

The Veteran's left ankle arthritis is rated at 20 percent, and his bilateral knee disorders are not service-connected. The lumbosacral spine disorder was also found to be directly related to the service-connected left ankle arthritis.

The Board has determined that the Veteran's right knee DJD does not warrant a rating in excess of 10 percent, and his right knee ACL tear does not warrant a rating in excess of 20 percent.

The Veteran's claim for an increased rating for fibromyositis and degenerative joint disease of the right knee was denied by the Board, as his disability did not meet the criteria for a higher evaluation.

The Veteran's appeal was denied as his service-connected right knee disability did not warrant a rating higher than 10 percent, and he failed to establish service connection for the claimed left knee, bilateral hip, or low back disorders.

The Board has determined that the Veteran's claimed left big toe disorder, diagnosed as degenerative joint disease, was not incurred in or aggravated by service and is not presumed to have been incurred due to exposure to herbicides. The claim for low back disorder, right knee disorder, and left knee disorder are held in abeyance pending further development.

The Veteran's service-connected right knee disability, characterized by a grade 1/3 medial collateral ligament tear and torn medial meniscus, has been rated at 10 percent for both limitation of motion and instability. The Board found that the current ratings adequately reflect the severity of his condition.

The Veteran's claim for increased ratings for his right knee disability prior to July 3, 2013 was denied as there was no evidence of severe lateral instability or ankylosis. The RO assigned a separate 20% rating for moderate instability effective from the date of the Veteran's claim.

The Veteran's service-connected knee disabilities have been rated as 10 percent for the period prior to February 23, 2004 and since April 1, 2004. The Board has determined that a higher rating is not warranted.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's bilateral hearing loss disability is related to his service exposure to noise, raising a reasonable possibility of substantiating the claim. The Board grants service connection for bilateral hearing loss.

The Veteran's claim for service connection for DJD of the right knee has been reopened. The appeal for an increased rating for PTSD and malaria is being remanded.

The Board has decided to remand the Veteran's claims for further development, including obtaining additional medical records and scheduling a VA examination.

The Board has reopened the claim of service connection for spondylosis of the thoracolumbar spine and found a right knee disorder was incurred in active military service. The decision on service connection for the right knee is mixed, with some issues granted and others not.

The Board has reopened the Veteran's claims for service connection of a lower back condition, bilateral knee condition, and PTSD. The claim for PTSD is granted as there is credible supporting evidence of an in-service personal assault.

The Board has determined that the Veteran's cervical spine disorder, thoracic spine disorder and bilateral knee disorder are due to his own willful misconduct during service. As such, these claims for service connection have been denied.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for amputations of his legs and a stroke, alleging improper delay in diagnosis and treatment caused by VA staff resulted in the conditions.

The Board has determined that a VA examination is needed to evaluate the veteran's claimed right knee, lumbar spine, and right leg disabilities. The case will be remanded for this purpose.

The Veteran's appeal is being remanded due to his failure to report for a scheduled Board hearing. He was not provided adequate notice of the hearing and needs another opportunity to testify.