Knee decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining his SSA records and rescheduling him for VA examinations and a hearing if he desires.

The Veteran's lumbar spine DDD has been rated at 40 percent since July 5, 2007. For the period beginning February 22, 2012, a rating of 60 percent for lumbar spine DDD is granted. Ratings of 30 percent are assigned for right and left knee patellofemoral syndrome.

The case is being remanded to obtain additional VA treatment records, address secondary service connection claims for orthopedic disabilities, and provide a VA examination.

The Veteran's appeal is being remanded due to the submission of new evidence after a Statement of the Case was issued in March 2010. The case must be reviewed and readjudicated, including consideration of the Veteran's April 2010 statement and June 2012 VA examination.

The Veteran's claim for a higher rating for his left knee disability is being remanded due to the need for additional development, including scheduling another VA compensation examination and obtaining relevant medical records.

The Board has determined that additional development is needed with respect to the Veteran's knee claims, including a VA examination and opinion on both direct and secondary service connection. The case is also remanded for issuance of an SOC in regard to the issue of an increased initial rating for pes planus.

The Board has determined that additional development is necessary before the claims can be fully adjudicated.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his left knee disorder and whether it precludes substantially gainful employment.

The Veteran's claims for increased ratings for his service-connected lumbar spine and right knee disabilities are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling new examinations.

The Board has remanded the case for further development and readjudication due to new evidence received from VA treatment records, including those of treatment from April 2012 forward. The Veteran's claim will be reconsidered with consideration of this additional information.

The Veteran's residuals, right knee injury, status post total knee arthroplasty, are rated at 60 percent from April 1, 2006 to December 5, 2012.

The Board found that the Veteran's right and left knee disabilities were not incurred in or aggravated by his service, may not be presumed to have been caused by his service, and are not secondarily related to his service-connected low back disability.

The Board found a 30 percent rating for the right knee anterior cruciate ligament deficiency effective June 21, 2001. The Veteran's claim was denied as his earlier request for an increased rating did not meet the criteria for a higher disability rating.

The Board has determined that the Veteran's sleep apnea is service-connected, and he is granted a compensable rating of 20 percent for hemorrhoids. The initial ratings for his right knee and left knee disabilities are also granted at 30 percent each. For migraine headaches, an initial rating of 50 percent is granted.

The Board has remanded the case due to the need for further verification of the Veteran's service dates and National Guard records, as well as a VA examination.

The Veteran's claims for service connection were denied as there is no evidence of chloracne, tinnitus, bilateral hearing loss, hepatitis C, a skin disorder (including a rash and benign tumors of the face and back), or a right knee disorder during his military service. The exposure basis was presumed due to herbicide exposure in Vietnam.

The Veteran's appeal is being remanded due to the need for additional medical records and a VA examination.

The Board has ordered a new VA examination to assess the current severity of the Veteran's bilateral knee disabilities, including his right knee laxity. The appeal is currently pending and will be remanded for further development.

The Board has determined that additional development is needed to determine the nature, severity, and etiology of any current bilateral knee and pes planus the appellant may have. Specifically, a VA orthopedic examination is required to address whether the disability (left knee) clearly and unmistakably preexisted service; whether the disability increased in severity during the appellant's active service; if so, whether there is clear and unmistakable evidence that the disability was not aggravated beyond the natural progression during or as a result of service; and alternatively, whether it is at least likely as not that the left knee caused or aggravated his claimed right knee disorder.

The Board has determined that the Veteran's current diagnoses of arthritis in both knees are related to his military service, and thus grants service connection for arthritis of the right knee and left knee.