Knee decisions — 2014

The Veteran's right knee disability, characterized by frequent episodes of locking, pain and effusion, limitation of flexion to no worse than 120 degrees, and limitation of extension to no worse than 5 degrees, does not meet the criteria for a rating in excess of 20 percent.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected left knee disability, as the condition renders him unable to perform duties in a horse raising business.

The Board denied the appellant's claims for an initial rating in excess of 20 percent for his right knee disability and TDIU prior to July 21, 2009.

The Veteran's arthritis of the right knee has not resulted in flexion of 30 degrees or less, instability, or ankylosis, and he has full extension. The criteria for a rating in excess of 10 percent have not been met.

The Board denied the Veteran's request to reopen his claim for service connection of a bilateral knee disability, finding that new and material evidence had not been presented.

The Board denied the Veteran's claims of entitlement to service connection for back, bilateral wrist, bilateral knee, and bilateral ankle disabilities due to a lack of evidence linking these conditions to his military service.

The Veteran's complex regional pain syndrome of the right lower extremity is manifested by no more than mild sensory deficit, and thus a rating higher than 10 percent for this condition is not warranted.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's hypertension, headache syndrome, and pulmonary embolism are rated at their maximum levels. The Board finds that the Veteran does not have a current disability manifested by fatigue, hair loss, bilateral hand tremors, or bilateral arm weakness. Service connection for cervical spine condition is granted as new and material evidence has been received.

The Board has determined that there are outstanding VA treatment records related to the Veteran's lumbar spine, right knee, and left knee disabilities. The case is REMANDED for obtaining these records.

The Veteran's death was caused by CAD, which is presumed to be due to herbicide exposure in service. The Veteran did not have any of the claimed conditions at the time of his death and there is no evidence linking them to service.

The Veteran's kidney disability is rated at 30 percent effective from December 27, 2010. The right knee and low back disabilities remain at their current assigned ratings.

The Veteran's left knee disability is currently rated as 20 percent disabling for instability and a separate 10 percent rating has been assigned for symptomatic partial meniscectomy. The temporary total evaluation for convalescence following surgery remains in effect.

The Board has determined that there is no evidence of a current disability for the claimed left knee, right knee, left hip, or right hip conditions. The Veteran's complaints were noted during service but did not result in any identifiable pathology on examination or imaging. As such, service connection cannot be established.

The Veteran's claims for service connection for residuals of a cold injury to the feet, eczema, bilateral hearing loss, tinnitus, right knee disorder, left knee disorder, and flat feet were denied. The claim for an increased rating for athlete's foot was also denied.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and a VA examination.

The Board granted higher disability ratings for the Veteran's right and left knee disabilities, as well as his PTSD. The TDIU claim was also granted.

The Board has denied the Veteran's claims to reopen his service connection claims for right and left knee disabilities, as well as left ear hearing loss. The evidence submitted since the July 2008 rating decision does not relate to an unestablished fact necessary to substantiate these claims.

The Board has granted service connection for post-operative residuals of a left shoulder injury and finds that the Veteran's current left shoulder disability is related to his in-service left shoulder injury. The claim for secondary service connection for a right knee disability remains pending.

The Veteran is granted a rating of 30 percent for left knee instability prior to September 25, 2012 and denied any increase in ratings for limitation of motion.