Knee decisions — 2013

The Veteran's appeals were denied as his knee and ankle disabilities do not meet the criteria for a compensable or higher rating under VA regulations.

The Board has remanded the case for further development due to incomplete records and inadequate examination.

The Veteran's initial increased ratings for his right and left knee disabilities were denied by the Board, with the Board finding that prior to August 25, 2009, there was no evidence of arthritis or instability warranting a compensable rating. Since then, x-ray evidence of arthritis has been found in both knees, but the Veteran's range of motion remains limited.

The Veteran's left knee disability has been rated at 50% since September 20, 2011. The Board finds that the evidence does not support a higher rating for any period of time.

Your appeals for service connection for left shoulder, cervical spine, right hip, and right knee disorders have been dismissed as you withdrew your appeal.

The Board found that the Veteran's bilateral knee disorder did not manifest during service or within one year of separation, and is not attributable to service. The claim for service connection was denied.

The Veteran's initial increased rating for left knee disability was granted, with a current evaluation of 10 percent. The claimant is seeking an increase in the rating for his service-connected left knee disability prior to April 29, 2010.

The Board has remanded the case due to insufficient consideration of all relevant evidence, including service treatment records and a recent MRI diagnosis. The Veteran's right knee disability is being reviewed for possible service connection.

The Board denied the Veteran's claims for a compensable initial rating for right ear hearing loss and an increased rating greater than ten percent for left knee disability, finding that the evidence did not support higher ratings based on the current functional impact of his service-connected conditions.

The Veteran's appeals for increased ratings were denied as his right ankle and knee disabilities do not meet the criteria for higher evaluations under applicable VA rating criteria.

The Veteran's claim for service connection for tinnitus was granted in April 2012, and his initial ratings for degenerative joint disease of the right and left knees were also granted. The claims for higher initial ratings remain pending.

The Veteran's left knee disability is manifested by subjective pain, limited motion, popping, and stiffness but not by objective evidence of flexion limited to 45 degrees or less; extension limited to 10 degrees or more; recurrent subluxation or lateral instability; dislocated semilunar cartilage with frequent locking, pain or effusion into the joint; or impairment of the tibia or fibula. The criteria for a compensable initial rating for left knee strain have not been met.

The Board found that the Veteran's left knee disorder did not originate in service and is not related to any incident during his military service. The condition was diagnosed many years after separation from service.

The Board has remanded the case for further development and consideration of the issue regarding service connection for a left knee disorder.

The Board has determined that the Veteran's right total knee replacement is not due to an injury or other event or incident of his period of active service, and therefore denied the claim for service connection.

The Board finds that the Veteran's current left knee and left foot arthritis and hallux valgus disorders are not related to his service-connected disabilities, including his back disability. The VA examiner concluded that these conditions were more likely due to aging and anatomical factors rather than being caused or aggravated by any of the Veteran's service-connected conditions.

The Veteran's right knee DJD, status-post surgery with instability and residual scars is rated at 30 percent from April 10, 2010. His left knee DJD, status-post osteotomy with scars is rated at 10 percent from May 1, 2006 to April 9, 2010.

The Veteran's right knee disability status post total replacement is currently rated at 30 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Veteran's claims for PTSD, headaches, low back disability, neck disability, and bilateral knee disabilities have been reopened. The evidence now supports a finding of service connection for these conditions.

The Board has determined that the Veteran did not timely file a substantive appeal regarding his left knee disability claim, and thus the March 2008 rating decision denying an increased rating for this condition is final. The issue of whether he timely filed a substantive appeal on the hearing loss claim remains pending.