Knee decisions — 2014

The Veteran's left knee disability warrants a rating of 10 percent, but not higher, throughout the period of the claim.

The Veteran's claims for service connection of back and knee disorders, as well as his claim for a sleep disorder secondary to a service-connected disability are being remanded due to the need for additional development. The Board will provide VA examinations for these issues.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and his claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The Veteran's appeal is being remanded to the RO for scheduling a video-conference hearing with a different Veterans Law Judge.

The Board has determined that the Veteran's left knee, right knee, and shoulder disabilities are related to service. As such, these conditions have been granted service connection.

The Board found no evidence of chronic residuals of a fall manifesting in service and concluded that the Veteran's current conditions are not related to her in-service fall. Service connection for residuals of a fall is denied.

The Board has determined that the Veteran's current right knee disability is related to his active service, and thus granted service connection for this condition. The lung claim remains pending as there are no records available to corroborate the Veteran's reports of in-service respiratory symptoms.

The Veteran's left knee infection following total left knee replacement surgery is not considered to be the result of VA medical treatment, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that new and material evidence has been received to reopen the appellant's claim of entitlement to service connection for a right knee disorder. The appeal is granted.

Service connection has been granted for an acquired psychiatric disorder related to service-connected lumbar spine disability.,No new evidence was provided for the increased rating of pseudofolliculitis, so the current rating remains in effect.,The Veteran's lumbar spine disability is now rated at 40%, effective January 3, 2012.,Right and left lower extremity radiculopathy have been granted increased ratings to 20% each.,No new evidence was provided for the TDIU claim, so it remains pending.,The effective date for the 40 percent rating of lumbar spine disability is January 3, 2012.

The Veteran's appeal is being remanded for further development, including a new examination to evaluate the current severity of his service-connected left knee disorder. The case will be returned to the Board for readjudication.

The Veteran's right knee disability is service connected as secondary to his left knee and right hip disabilities. His left knee disability remains at a 30 percent rating.

The Board has granted a 60 percent disability rating for the Veteran's right knee disability following knee replacement, effective from January 1, 2012.

The Veteran's right knee disability with mild degenerative changes has been rated at 10 percent disabling throughout the entire rating period on appeal. The left knee injury with degenerative disease was rated at 30 percent prior to July 18, 2012, and 10 percent thereafter.

The Veteran's left knee patellofemoral syndrome has been rated at 10 percent since October 26, 2009. The Board found that the evidence did not support a higher evaluation.

The Board has remanded the case for additional development, including obtaining private medical records and providing a new examination to evaluate the Veteran's right knee disorder. The claims of service connection for left knee arthritis and gouty arthritis of the right foot are also being remanded.

The Veteran's disability of the left leg external popliteal nerve was rated at 30 percent effective May 13, 2014. The Veteran also received a 20 percent rating for subluxation of the left knee from May 13, 2014.

The Veteran's claims for increased ratings for his right knee disabilities have been denied. His arthritis has not met the criteria for a higher rating under Diagnostic Code 5010, and his instability does not meet the criteria for a higher rating under Diagnostic Code 5257.

The Board has remanded the case for additional development due to outdated examination reports and conflicting opinions regarding the Veteran's right eye disability and right knee disability.

The Board has remanded the case for additional development, including obtaining VA treatment records and Social Security Administration records. The Veteran is also to be scheduled for a VA examination to determine the nature and etiology of her right knee disorder.