Knee decisions — 2013

The Veteran is granted separate 10% ratings for his service-connected degenerative joint disease of the right knee, left knee, right ankle, and left ankle, each effective June 1, 2008.

The Veteran's left calf abscess and subsequent knee arthritis are not considered to be related to VA medical treatment, thus his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has granted service connection for left foot strain with hammer toe of the left second toe and assigned a noncompensable initial rating. Service connection was also granted for degenerative disc disease of the lumbar spine and osteoarthritis of the knees, both found to be secondary to active service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for a VA examination to assess the severity of his knee disabilities. The TDIU claim will also be addressed.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's service-connected disabilities render him unemployable. The TDIU issue is inextricably intertwined with the other issues.

The Board denied service connection for a right knee disability and the claim for a compensable rating for a right inguinal hernia repair with residual scar. The Veteran's right knee disability was found not to be related to his military service.

The Veteran's bilateral pes planus was found to be not aggravated by service, and his mechanical low back strain and right knee disability were both denied as secondary to service-connected left ankle fracture.

The Board finds that the Veteran's current lumbar spine, cervical spine, and left knee disabilities are not related to service. The preponderance of evidence does not support a finding that these conditions had their onset in service or within one year following service discharge.

The Veteran's appeal is being remanded for additional development to obtain relevant treatment records and schedule him for a VA examination to assess the current severity of his service-connected psoriasis.

The Board has remanded the case for additional development due to an inadequate VA medical opinion and because of new evidence submitted by the Veteran.

The Veteran's knee disabilities have been rated at 10 percent since September 22, 2010. The Board finds that the current ratings are appropriate as there is no evidence of ankylosis, recurrent subluxation or lateral instability, dislocated or removed semilunar cartilage, nonunion or malunion of the tibia and fibula, or genu recurvatum.

The Veteran's claims for increased ratings for chondromalacia of the right and left knees were denied. However, his claim for increase in degenerative disc disease of the lumbosacral spine was granted with a rating of 20 percent effective April 12, 2011.

The Board has determined that the Veteran's right hip and right knee arthritis is not related to his service, as there are no records of any chronic or repetitive mechanical stress on these joints during service. The current arthritis is attributed to factors such as obesity, age, work history, smoking, and a past stroke.

The Veteran's right knee disability has been rated as 10% for patellar subluxation since May 24, 2012. The limitation of extension prior to May 31, 2012 and from December 1, 2012 to January 27, 2013 have not met the criteria for a higher rating.,Since January 28, 2013, the Veteran's right knee disability has been rated as noncompensable due to limitation of flexion.

The Board has determined that the Veteran's current left knee, right knee, and left shoulder disabilities are causally related to his military service.

The Board found that the Veteran's left knee retropatellar pain syndrome and arthritis were not incurred in or aggravated by service, and are not proximately due to his service-connected right knee disability.

The Veteran's claims for increased ratings for his lumbar spine, right shoulder, and right knee disabilities are being remanded due to the need for additional examinations.

The Veteran's appeal is being remanded for further development, including obtaining an addendum opinion from the VA examiner regarding whether his left knee arthritis disability has been aggravated by any service-connected disabilities. Additionally, he must be provided with a statement of the case on the issue of entitlement to an initial higher rating for major depressive disorder.

The Veteran's claims for service connection have been denied. The Board found no evidence of a current disability related to his military service, including by way of a service-connected condition.

The Veteran's residuals of a left distal femur fracture with marked left knee disability were rated at 30 percent before July 21, 2012. From July 21, 2012, the rating was increased to 60 percent due to ankylosis in flexion at 60 degrees.