Knee decisions — 2014

The Veteran's degenerative joint disease of the right knee is currently rated at 10 percent, which is the minimum compensable rating under Diagnostic Code 5260 for limitation of flexion. The claim was granted.

The Veteran's left knee replacement residuals have not been productive of chronic severely painful motion or weakness in the affected extremity, flexion limited to 45 degrees or less, extension limited to 10 degrees or more, any subluxation or lateral instability, ankylosis, malunion of the tibia and fibula, dislocated semilunar cartilage, or locking of the knee. Therefore, a rating in excess of 30 percent for left total knee replacement from August 1, 2011 is not warranted.

The Board has remanded the case due to the Veterans Law Judge who conducted the hearing no longer being employed by the Board. The Veteran and his representative requested a new hearing at the RO before a currently available Veterans Law Judge.

The Board has granted service connection for low back, neck, and left knee disabilities but denied service connection for PTSD. The Veteran's current disabilities of the neck, low back, and left knee are considered to be related to his military service.

The Board has remanded the case for further development due to inadequate previous VA examinations. The Veteran's cervical spine, right knee, left knee, and right shoulder disabilities will be evaluated again.

The Board found that the Veteran's left knee strain does not meet criteria for a higher rating, and denied his claim. The meniscectomy was already considered in the current evaluation.

The Board is reopening the claim of entitlement to service connection for a low back disorder and remanding it along with other claims due to additional development needed. The Veteran's right shoulder, left shoulder, right knee, left knee, and prostatitis claims are also being considered.

The Board has determined that the Veteran's right and left knee disabilities are related to service, resolving all reasonable doubt in favor of the Veteran.

The Veteran's claim for service connection for a respiratory condition (also claimed as allergies) has been reopened and is now considered. The Board finds that the additional evidence received since the November 2006 rating decision relates to unestablished facts necessary to substantiate the claim, specifically whether the current respiratory condition was incurred in or aggravated by service.

The Board has remanded several issues for further development, including the reopening of a claim for service connection for ASHD with first degree heart block and the assignment of appropriate ratings for hearing loss. The claims are not currently in a position to be decided on their merits.

The Veteran's right knee osteoarthritis and probable chondromalacia of the patella are currently rated as 10 percent disabling. The issues on appeal include a request for higher ratings.,For the period prior to July 25, 2009, the Veteran's left knee arthritis is rated as 30 percent disabling due to limitation of flexion and 10 percent disabling due to limitation of extension.

The Veteran's claims for increased ratings were denied. The Board found that the maximum schedular evaluation of 10 percent was assigned for tinnitus and there is no provision for separate evaluations for bilateral tinnitus.

The Board has determined that the appellant's right and left knee disorders are related to his active service, granting service connection for both.

The Board finds that the Veteran's current right knee disability is not related to his service, specifically the football and basketball injuries he experienced during service. The VA examiner concluded that the current condition is less likely than not caused by or a result of these in-service events.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and providing the Veteran with notice of secondary service connection requirements.

The Veteran's claims for increased ratings were denied. The RO found that the Veteran's right and left knee disabilities did not meet the criteria for higher ratings prior to March 1, 2012, but granted separate 10 percent ratings for instability since that date.

The Board found that the Veteran's right hip, right knee, and left knee disabilities were not shown to be related to her service-connected left ankle disability. The medical opinions provided weighed against the claims for secondary service connection.

The Veteran's claims for left knee service connection and respiratory disorder were denied, while the TDIU claim was not addressed.

The Board has ordered a new examination and remanded the case for further development due to inadequate medical evidence in the current record.

The Veteran's service-connected post-traumatic arthritis of the knees, undiagnosed illness characterized by fatigue, sleep disturbance and memory loss, hiatal hernia with esophageal reflux, and muscle contraction headaches are all rated at their respective disability levels. The increased ratings for the knee conditions and the hiatal hernia have been granted.