Knee decisions — 2013

The Veteran's request for higher initial ratings for his right knee disability was denied, and the claim of recoupment of severance pay by withholding VA compensation benefits was also denied.

The Board has determined that further development is needed to determine the nature and etiology of any right knee disability, including a need for an MRI test. The Veteran's claim will be remanded for these purposes.

The Veteran's claims for service connection have been reopened, but the Board finds that new and material evidence has not been received to reopen these claims. The issues of entitlement to a temporary total rating based on convalescence beyond December 11, 2009; initial ratings in excess of 20 percent for cervical spondylosis (cervical spine disability); initial ratings in excess of 10 percent for right and left upper extremity radiculopathy due to cervical spine disability; initial ratings in excess of bilateral neural foramina stenosis of the lumbar spine (lumbar spine disability); and effective dates prior to September 10, 2008 have been referred back to the RO.

The Veteran's appeal is being remanded to obtain medical records and arrange for examinations to assess the severity of his service-connected disabilities. The issues on appeal include claims for service connection, increased ratings, and compensation.

The Board found that the Veteran's service-connected conditions did not contribute substantially or materially to his death from dilated cardiomyopathy, which had an unknown etiology. The Appellant's claim for DIC benefits was therefore denied.

The Veteran's claims for service connection for hearing loss, tinnitus, back disability, and bilateral knee disability were denied as there is no evidence of current disabilities or in-service injury/illness that could be linked to these conditions.

The Board has determined that further action is required to determine the relationship between the Veteran's current ankle, knee, hip, and shoulder conditions and his military service. The VA examiner's opinion was based on an inaccurate factual premise regarding a gap in medical records following separation from service.

The Veteran's appeal is being remanded for a personal hearing before a Decision Review Officer at the local VA office. The claims include reopening of a glaucoma claim, service connection for left eye trauma, and rating adjustments.

The Veteran's left knee patellofemoral pain syndrome is currently rated at 10%.,Prior to February 12, 2010, the Veteran's bilateral carpal tunnel syndrome was rated at 10%. As of February 12, 2010, his right wrist and left wrist carpal tunnel syndromes are each rated at 30%.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling VA examinations to assess the severity of the Veteran's knee disabilities and thrombophlebitis.

The Veteran's claims for bilateral knee, foot, and radiculopathy of the right lower extremity disabilities were not addressed in this decision. The low back disability claim was denied for increased evaluations prior to September 10, 2007, and from that date onwards.

The Veteran's claims for service connection for various conditions, including a right knee disorder, left hip disorder, right hip disorder, low back disorder, kidney disorder, and TBI with headaches, have been denied. The Board found that the evidence did not support establishing service connection for these conditions.,reasoning_on_deciding_factor_1_sentence_only

The case is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's claimed disabilities.

The Veteran seeks an increase in the rating for his service-connected left knee disability, which is currently rated as 20 percent combined prior to July 10, 2012 and as 30 percent combined from September 1, 2012. The case has been remanded due to incomplete records of treatment received by the Veteran.

The Board has determined that the Veteran's left total knee replacement is not caused or chronically worsened by his service-connected right knee disability.

The Veteran's claim for a higher rating for left knee instability before March 30, 2009 was denied. However, he received a 30% rating based on instability from that date.,A separate 10% rating was granted for the meniscus involvement of the left knee after March 30, 2009.

The Veteran's left knee disability was initially rated as noncompensable from June 2, 2009 to April 21, 2013 and then increased to 10 percent effective April 22, 2013.

The Board has determined that a disability rating of 30 percent is warranted for the service-connected left knee disability, effective from the date of the decision. A separate 10 percent evaluation is also granted for osteoarthritis of the left knee.

The Veteran's service-connected left knee degenerative joint disease, status post total knee replacement, is currently rated at 60 percent effective from July 1, 2013.