Knee decisions — 2013

The Veteran withdrew his appeal for the issues of hypertension, renal dysfunction, bilateral hearing loss disability, sleep apnea, hypoxia, hypersomnia, diabetes mellitus, peripheral neuropathy of the upper extremities and peripheral neuropathy of the lower extremities prior to the Board's decision.

The Board has reopened the Veteran's claim for service connection for degenerative joint disease of the knees and remanded the claims for service connection for right foot arthritis and sleep apnea to allow for further development. The claims are being remanded due to the need for additional medical examinations.

The Board found that the Veteran's right knee DJD, established by X-ray evidence of osteoarthritis, manifested pain resulting in noncompensable limitation of motion. The initial rating assigned was 10 percent, which is consistent with the criteria for arthritis due to trauma (Diagnostic Code 5010) and degenerative arthritis (hypertrophic or osteoarthritis) (Diagnostic Code 5003).

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess his employability due to service-connected disabilities.

The Board denied service connection for left knee disorder and lumbar disc disease as secondary to service-connected right knee disability in June 2007, finding that the preponderance of evidence did not support a nexus between these conditions and the service-connected right knee disability.,In July 2012, the RO reopened both claims but denied them on the merits.

The Veteran's left knee rheumatoid arthritis with synovitis has been rated at 20 percent, and the Board finds that his symptoms do not warrant a higher rating.

The Board denied the Veteran's claims for service connection for a left knee disability, finding no evidence of current disability or direct service incurrence. The secondary claim was also denied as there is no nexus between his right ankle disability and any current left knee disability.

The Veteran's service-connected disabilities do not meet the criteria for a higher rate of SMC based on the need for regular aid and attendance of another person.

The Board found that the Veteran's right knee disability is not caused or aggravated by his service-connected left knee disability.

The Veteran's claims for increased ratings for left knee osteoarthritis and impairment of the left tibia and fibula were denied. The Veteran was granted a noncompensable rating for his left knee osteoarthritis, but a separate compensable rating is warranted based on instability.

The Veteran's appeal is being remanded due to incomplete records and the need for further development, including VA examinations.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations and readjudication of his claims.

The Board has remanded the Veteran's claims due to the need for additional development and examination.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding his claimed left knee and back disorders.

The Board has requested additional medical records and an addendum opinion to determine if the Veteran's current bilateral knee disability is related to service or service-connected disabilities. The appeal will be remanded for these actions.

The Veteran's appeal is being remanded to schedule a Travel Board hearing due to his inability to attend the previously scheduled hearing.

The Board has determined that additional development is needed, including obtaining medical records and arranging for VA examinations to evaluate the Veteran's tinnitus and right knee disorders. The case will be returned to the AMC/RO for further review.

The Board has determined that the Veteran's right shoulder disability is service-connected, as it was incurred during active service and is related to his in-service injury. The left knee disability is also service-connected, with no specific theory provided.

The Veteran's right knee disability has been rated at 20 percent disabling since August 2010. The VA examiner found flexion limited to no more than 110 degrees and extension to 0 degrees, which does not warrant a higher rating under the applicable diagnostic codes.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding her left knee disability and migraine headaches.