Knee decisions — 2014

The Veteran's service-connected left and right knee disabilities have been rated based on their respective impairment levels. The claims for increased ratings are granted, with specific ratings assigned for the periods specified.

The Veteran's left knee disability, including his arthritis and instability symptoms, was found to be more closely analogous to a total knee replacement with a minimum rating. His initial evaluation of 10 percent for arthritis has been maintained, while he received a separate 10 percent evaluation for instability prior to October 21, 2013, and in excess of 10 percent thereafter beginning April 26, 2014.

The Veteran's degenerative joint disease of the left and right knees is found to be related to his military service, with resolution of reasonable doubt in favor of the Veteran.

The Veteran's service-connected knee disabilities have been granted increased ratings, effective June 12, 2013. His right and left knee disabilities are now rated at 20 percent each.

The Veteran's tinnitus is found to be related to his combat service, and he is granted service connection for this condition. The Board finds additional development necessary for the remaining issues as the Veteran reported worsening of these conditions since the last VA compensation examinations.

The Board has granted service connection for the Veteran's right knee disability as aggravation of a preexisting condition, and his asthma is found to have existed at entry into service. The Veteran's claim for service connection for these conditions is therefore granted.

Service connection for hemorrhoids has been restored. The right knee disability and ulcers are not service-connected.,The appellant's right knee condition is denied as it does not appear to be related to his military service, including any injury sustained during active duty for training or inactive duty training.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's gastrointestinal disability appeal is dismissed. The claims of service connection for renal failure, non-specific monoclonal gammopathy, interstitial pneumonitis, and hypertension are reopened due to receipt of new and material evidence. Service connection for heart disease remains inextricably intertwined with the renal disease claim.

The Veteran's appeal is being remanded for a hearing before the Board of Veterans' Appeals. The issues are whether he should receive an increased rating for his back disability and if he can get service connection for his left knee disability, which may be related to his back.

The Veteran's appeal is REMANDED due to the need for additional development, including a new VA examination and opinion regarding his bilateral knee disabilities and a VA medical examination and opinion concerning his bilateral shoulder condition.

The Veteran's right knee patellofemoral syndrome is currently rated at 20 percent, and his left knee patellofemoral syndrome with degenerative joint disease is also rated at 20 percent. Both conditions are not manifested by locking, ankylosis, recurrent subluxation, impairment of the tibia and fibula or genu recurvatum; flexion has never been limited to 15 degrees or less and extension has never been limited to 20 degrees or more.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, low back disability, and bilateral knee disability. The evidence did not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's right knee condition on April 22, 2011 did not rise to the level of a medical emergency. As a result, the claim for payment or reimbursement of unauthorized medical expenses is denied.

The Board has remanded the case due to the need for additional records and an updated VA examination.

The Board has reopened the claim for service connection for left knee strain and granted service connection for a left knee disability. The Veteran's current left knee degenerative joint disease is related to active service, but his GERD was not related to service.

The Veteran's left knee disability has been rated at a maximum of 60 percent since August 1, 2011.

The Veteran's service-connected disabilities, including left hip degenerative arthritis, status post total left knee replacement, right knee arthritis, hypertension, and left knee internal derangement, preclude him from securing or following substantially gainful employment consistent with his education and industrial background. The Board grants Total Disability Rating due to Individual Unemployability (TDIU).

The Veteran's service-connected right knee disability (prosthetic right knee replacement) has not been manifested by severe painful motion or weakness, or higher intermediate degrees of residual weakness, pain, or limitation of motion since April 1, 2013. Therefore, the criteria for a rating in excess of 30 percent have not been met.

The Veteran's appeal is being remanded for further development, including the provision of a retrospective medical opinion regarding his ability to work during the period from September 18, 2006 to March 23, 2010.