Knee decisions — 2013

The Board has ordered a remand due to the need for additional medical records and examination regarding the Veteran's back and left knee disabilities. The claims will be reviewed again after these are obtained.

The Board has determined that an effective date of January 9, 2007 is warranted for the appellant's claim for a 30 percent rating for his right knee disability. The earlier effective date is based on the fact that the appellant filed a claim for increased benefits related to this condition on January 9, 2007.

The Board has determined that the Veteran currently has a right knee disability, diagnosed as patellofemoral pain syndrome, which is related to her military service.

The Board has determined that the Veteran's claimed conditions are not related to his military service and have denied all of his claims for service connection.

The Veteran's claims for increased ratings and TDIU were granted, with the right knee disability rated at 60 percent effective February 15, 2012. The cervical spine disability was rated as 20 percent disabling, and the right arm numbness and weakness was rated as 20 percent disabling.

The Veteran's TDIU claim is granted on an extraschedular basis due to his service-connected disabilities, including PTSD and cervical/lumbar spine disabilities.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to clarify the opinions provided by the March 2013 examiner and provide more detailed rationale for whether his right ankle disability caused or aggravated his right knee disability.

The Veteran's claim for a clothing allowance for the year 2012 is being remanded due to uncertainty regarding whether he has been issued a new right knee brace that qualifies for payment.

The Board granted the Veteran's claims for service connection for right foot disability, left foot disability, psychiatric disability other than PTSD, right knee disability, stomach disability, and left shoulder disability. The initial ratings for left knee instability and degenerative joint disease were also granted.

The Veteran's appeal is remanded due to the need for additional records and an updated examination. The case will be returned to the Board for further action.

The Board found no evidence of a left knee disorder or right wrist disorder that was present during service, and denied the Veteran's claims for service connection.

The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining more complete service records and providing VA medical opinions.

The Board denied service connection for a left knee disability and back disability in previous decisions. New evidence submitted since these decisions does not meet the criteria to reopen either claim.,There is no medical evidence showing that the Veteran's current left knee or back disabilities are related to his service-connected right knee disability.

The Veteran's appeal is being remanded for a videoconference hearing at the Seattle Regional Office. The issues of entitlement to service connection for anxiety/depression, bilateral tinnitus, and an injury of the right foot and/or right knee are pending.

The Board has decided the case requires additional development and remands it to the RO for further action.

The Veteran withdrew his appeal regarding the claim of higher ratings for left knee quadriceps insertional tendonitis prior to the Board's decision.

The Veteran's claim for a TDIU is moot as he has been granted a 100% schedular rating and special monthly compensation under 38 U.S.C.A. § 1114(s). The appeal of the psychiatric disorder claims is also dismissed as they are encompassed within his now service-connected psychiatric disorder.

The Veteran's claims for service connection for right ankle, left ankle, hemorrhoids, and right leg disabilities have been denied as there is no current diagnosis of any of these conditions.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling an examination to determine if the Veteran suffered any additional disability due to his left total knee arthroplasty. The claim will be reconsidered based on the new evidence.