Knee decisions — 2014

The Veteran's right knee disability, including Fabella syndrome, is currently rated at 10 percent disabling. The Board found that the evidence does not support a higher rating based on current functional limitations.

The Board denied service connection for back disability and right knee disability, as well as the Veteran's request for increased ratings for left knee disability. The decision also noted that some issues were remanded.

The Board found that the Veteran's service-connected right knee disabilities did not warrant a separate rating for limitation of flexion, and thus severed the separate 20 percent rating. The claim for increased rating was denied as there was no evidence showing aggravation of lumbar spine disorder by service-connected bilateral knee disabilities.

The Veteran does not have a current left knee disability that is related to service. The Board finds the evidence against the claim and denies service connection.

The Veteran's left shoulder disability, including osteoarthritis and a rotator cuff tear, is service-connected as secondary to her service-connected right and left knee patellofemoral pain syndrome.,The Veteran's right shoulder disability is presumed to be related to the fall caused by her service-connected knee disabilities.

The Board has identified the character of discharge as a distinct issue to be adjudicated and has remanded for further development, including a formal determination by the AOJ regarding veteran status. The claims will not be addressed on their merits until this is completed.

The Veteran's appeal is currently pending and has been remanded for further development, including adjudication of increased rating claims for his service-connected back and bilateral knee disabilities. The TDIU claim will be reconsidered in light of all pertinent evidence.

The Veteran's claims for increased ratings were denied. The RO granted the claim to assign a rating of 40 percent for status post back injury with lumbar strain and degenerative disc disease, effective May 23, 2008.

The Veteran's claims for service connection for a right knee disability and hypertension are being remanded due to the need for additional development, including obtaining SSA records and VA treatment records.

The Veteran's right knee conditions, including chondromalacia patella with lateral meniscus tear and degenerative arthritis, subluxation of the knee, and limitation of flexion, are rated at 30 percent under DC 5257 for slight recurrent subluxation or lateral instability.

The Board has remanded the case due to an inadequate VA examination and requests for additional medical records. The Veteran's claim of service connection for a right knee disorder will be reconsidered based on the new evidence.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations and obtaining supplemental opinions to address the severity of her right shoulder and right knee disabilities.

The Veteran's intervertebral disc degeneration of the lumbar spine is currently rated at 40 percent, effective December 1, 2007.

The Board finds that the Veteran's claimed bilateral knee disorder is not related to his active service, and thus denies service connection.

The Veteran's initial claim for a higher rating for degenerative osteoarthritis of the left knee was granted, but not in excess of 10 percent from March 14, 2007, to October 7, 2008.,A temporary total evaluation for status post left knee arthrotomy was awarded retroactive to March 14, 2007. The claim remained in controversy as less than the maximum benefit available was awarded.,Service connection for a left TKA and a 30 percent rating effective December 1, 2009 were granted.

The Veteran's claim for service connection for a left knee disability is being remanded due to the need for additional development, including an examination and medical opinion regarding the etiology of any current left knee disability.

The Veteran is unable to obtain or retain substantially gainful employment due to his musculoskeletal disabilities and posttraumatic stress disorder (PTSD) with panic disorder, agoraphobia, and dysthymia.

The Veteran's left knee disability, diagnosed as Osgood-Schlatter disease with prepatellar tendonitis, is currently rated at 10 percent for limitation of motion. The evidence does not support a higher rating based on the current range of motion findings.

The Veteran's appeals for higher initial ratings were granted. He was awarded service connection for right knee disabilities, anosmia, and left foot tinea pedis (athlete's foot). Service connection for degenerative arthritis of the left knee was denied.