Knee decisions — 2013

The Veteran's appeal for an increased rating for his service-connected right knee disability has been withdrawn.

The Veteran's right knee disability was granted a 30 percent rating prior to October 21, 2008 and remains at that level. From October 21, 2008, the Veteran received a higher 60 percent rating for his TKA. The left knee disability had its rating restored from 20% to 20% in July 2011. However, an increased rating was denied after July 1, 2011.

The Board found that the Veteran's right ankle and left knee disabilities were not incurred or aggravated by service, as there was no clear and unmistakable evidence of pre-existing conditions. The right shoulder disability was also denied due to lack of in-service documentation.

The Veteran's scars on his left knee do not meet the criteria for a compensable evaluation under VA rating criteria.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling VA examinations to address the etiology of his bilateral hip and right leg disabilities as well as the severity of his bilateral knee disabilities.

The Veteran's right knee disability, rated at 30 percent from August 1, 2008 to March 23, 2012 and now 50 percent since then, does not meet the criteria for a higher rating under VA regulations.

The Board has determined that additional development is needed for the Veteran's claims, including verifying an alleged stressor and obtaining VA examinations to assess his current disabilities.

The Veteran's left knee disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Board has reopened the Veteran's claim for service connection for a bilateral knee disability and granted it on the merits, finding that there is sufficient evidence to establish a current disability and a causal nexus with military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for VA examinations to assess his PTSD and right knee strain.

The Veteran seeks service connection for a current left knee condition, which he claims is related to an in-service injury. The Board finds the requirements of McClendon are met and remands for a VA examination including a medical nexus opinion.

The Veteran withdrew his appeal regarding the issues of entitlement to service connection for right knee, left knee, right hand and left hand disabilities prior to a decision being made.

The Board has determined that the Veteran's osteoarthritis of the right and left knees did not manifest in service or within one year after separation from service, and thus cannot be presumed to have been incurred therein. The current disability is considered less likely than not related to any event or condition during service.

The May 2001 rating decision denying service connection for bilateral flat feet is final. The Veteran's claim of CUE in this decision was denied.,New evidence submitted since the May 2001 rating decision supports reopening his claim for service connection for bilateral pes planus, and he has established that his pre-existing condition worsened during military service.

The Veteran's claims for increased ratings for his right knee disabilities and TDIU are being remanded due to the need for additional development, including a VA examination.

The Board denied service connection for a right knee disability, finding that the Veteran's condition existed prior to service and was not aggravated by service. The motion alleged CUE in this decision but failed to establish any error.

The Veteran has withdrawn his appeals for the ratings of gout of the bilateral feet, left knee instability, limited extension of the left knee due to degenerative joint disease, degenerative joint disease (status post-left knee injury), limited extension of the right knee due to degenerative joint disease, and degenerative joint disease (status post-right knee injury).

The Veteran's appeal was denied as his claims for increased ratings and service connection were not substantiated by the evidence of record. The Board found that a higher rating for left knee disability and chronic sinusitis was not warranted.

The Board has granted service connection for left ear hearing loss and has determined that the Veteran's right knee arthritis is not related to his service-connected disabilities. The issues of entitlement to service connection for left knee limitation of extension, intervertebral disc syndrome of the lumbar spine based on incapacitating episodes, and gastroesophageal reflux disease (GERD) are being remanded.

The Veteran's appeal is being remanded for additional development, including obtaining Federal disability retirement records and scheduling VA examinations to determine the nature and etiology of his left knee disorder and whether he is unemployable due to service-connected disabilities.