Knee decisions — 2013

The Board has reopened the claim of service connection for residuals of a right middle finger injury and granted an increased rating to 40 percent for degenerative disc disease of the lumbar spine from June 16, 2011, forward. The other issues remain unresolved.

The Board has restored a 20% disability rating for the Veteran's service-connected DJD of the right knee, effective June 1, 2010. The reduction from 20% to 10% was proper based on improvement in the condition.

The Board has determined that additional development is needed to obtain relevant VA treatment records and to provide the Veteran with a medical examination to determine the nature and etiology of his claimed conditions.

The Veteran's PTSD was rated at 30 percent prior to March 22, 2010. The appeal for increased ratings for other conditions is denied.

The Board denied the Veteran's claim for service connection for chronic left knee strain, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The Board found that the Veteran's pre-existing left knee condition was not aggravated by his military service, and therefore denied his claim for service connection.

The Veteran withdrew his appeal regarding the reopening of his claim for service connection for a right knee disability.

The Board has determined that the Veteran's bilateral knee disability is etiologically related to his service and injuries sustained therein, warranting service connection.

The Board denied the Veteran's claims for increased ratings for his right knee and left ankle disabilities, finding that the evidence did not support a higher rating under applicable diagnostic codes.

The Board has granted service connection for a stomach rash, diagnosed as contact dermatitis. The Veteran's stomach rash is found to have its onset during military service and the claim is supported by credible evidence of symptomatology since separation from service.

The Veteran's claim for a clothing allowance is being remanded due to the need to consider evidence of wear and tear to his clothing caused by service-connected disabilities or medication.

The Board denied the Veteran's claims of service connection for hypertension, right knee disability, and an increased evaluation for left knee tendonitis. The Veteran does not have a diagnosed disease of the right knee or current evidence supporting her claim for service connection for these conditions.

The Veteran's left knee disability, characterized by pain and weakness with limited range of motion, is currently rated at 10 percent for limitation of motion and no higher. The rating reflects the Veteran's functional limitations but does not exceed what would be expected based on his service-connected conditions.

The Veteran's right knee scar, though small and well-healed, is considered an additional disability proximately caused by the VA's carelessness in the August 2004 surgery. The claim for mental anguish related to this procedure has been denied.

The Veteran's service-connected mechanical low back pain was granted a disability rating of 20 percent prior to August 21, 2012 and increased to 40 percent beginning on that date. The right knee patellofemoral syndrome remains at the 10 percent level.

The Board found that the Veteran's bilateral knee disability was not incurred in or aggravated by service, nor may it be presumed to have occurred therein. The Board also determined that the knee disability is not caused or aggravated by a service connected disability including pes planus.

The case is being remanded to obtain additional opinions regarding the etiology of the Veteran's thoracolumbar spine disability and his bilateral peripheral neuropathies of the lower extremities. The claims will be readjudicated after these opinions are obtained.

The Veteran's appeal is remanded for further development, including obtaining VA examination records and attempting to obtain additional medical records. The claim will be readjudicated after the development.

The Board has ordered additional development to obtain medical records from Larkin Hospital regarding the Veteran's right knee disability. The appeal will be remanded for further action.

The Board found that the Veteran's post-operative posttraumatic arthritis of the right knee did not meet or approximate the criteria for a rating in excess of 10 percent, as his range of motion was within normal limits and he had no significant functional impairment.