Knee decisions — 2013

The Veteran's claim for an increased evaluation for his service-connected left knee disorder was denied as the disability did not meet the criteria for a higher rating under Diagnostic Code 5055.

The Veteran's case was referred to the Director of Compensation and Pension Service for extraschedular consideration, who awarded an additional 10% rating effective December 1, 2001. The Board denied entitlement to a higher schedular evaluation but granted the extraschedular rating.

The Veteran's service-connected conditions do not prevent him from securing and maintaining substantially gainful employment.

The Board found that the Veteran's service prior to March 1, 2007 was under honorable conditions and is not a bar to VA benefits.

The Veteran's service-connected migraine headaches, hemorrhoids, gastroesophageal reflux disease (GERD), and left leg deep vein thrombosis (DVT) were granted increased ratings. The Veteran's bilateral hearing loss, low back disability, cervical spine disability, sinusitis, right knee disability, and bilateral plantar fasciitis issues remain unresolved.

The Board has reopened the Veteran's previously denied claims for service connection for residuals of right knee injury and chronic headaches. The claim for service connection for residuals of right knee injury is granted, as there is medical evidence linking the current degenerative arthritis to his inservice right knee injury. The claim for service connection for chronic headaches remains pending due to insufficient information on its etiology.

The Board has determined that the Veteran's right knee degenerative changes are likely due to an injury sustained during his service, and thus grants service connection for this condition. The claim regarding diabetes mellitus is also granted as it is at least as likely as not caused by or aggravated by a service-connected disability.

The Veteran's TDIU claim is being remanded due to the need for further development of evidence regarding his specific learning disability and its impact on employment, as well as an assessment of the combined effect of his service-connected disabilities on his employability.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case for scheduling a videoconference hearing due to the Veteran's request, and the current rating of 10 percent for residuals of right knee medial meniscectomy remains unchanged.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The Veteran's total left knee arthroplasty is related to his service-connected left knee disability, and he is entitled to a 100% evaluation for one year following the procedure.

The Board has remanded the case due to incomplete records and further investigation is needed before a decision can be made on the Veteran's claim for service connection for a left knee disorder.

The Board has decided that the Veteran's claims of entitlement to service connection for right and left knee conditions must be remanded due to a need for further development, including a VA examination.

The Veteran's claims for increased ratings for sinusitis, gastroenteritis, low back disability, and left knee disability were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Board has denied the Veteran's claims for higher initial disability ratings and service connection for various conditions, including tinnitus, hearing loss, rotator cuff disability of the right shoulder with bone spur, post-operative cervical strain with spinal stenosis, allergic rhinitis, skin disability manifested by urticarial wheals, and loss of tooth No. 19.

The Veteran's right knee disability was previously rated at 10 percent, and a higher evaluation of 40 percent has been granted effective April 21, 2012. The appeal for an increased rating is denied.

The Board found that the Veteran's left knee disability was not incurred in or aggravated by service, and is not related to his service-connected right ankle disability. As a result, the claim for service connection for a left knee disability has been denied.

The Board has determined that additional development is needed before the Veteran's claims can be decided. The case is being remanded for further action, including obtaining medical records and arranging for a VA examination.

The Veteran's appeal is being remanded to obtain his complete treatment records from Dr. Fox and for a VA examination of his left knee.