Knee decisions — 2014

The Veteran's left and right knee disabilities are currently rated as 10 percent disabling each, based on painful motion. The VA examiners found no ankylosis, instability, or other conditions that would warrant higher ratings under other applicable codes. The Veteran is not entitled to a TDIU rating due to her service-connected bilateral knee disabilities.

The Board has determined that the Veteran's current left knee disability is not related to his active service and therefore denied his claim for service connection.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's right knee disability and bilateral foot disability are related to his active service. The claims for both conditions have been granted.

The Board has determined that the Veteran's current right knee, back, and headache disabilities are not related to his service. The evidence does not support a finding of in-service incurrence or aggravation for these conditions.

The Board has remanded the case for additional development, including obtaining medical records and providing a new VA examination to assess the severity of the Veteran's right knee disability. The appeal will be considered after these steps are completed.

The Board has remanded the case for additional development due to an error in obtaining private treatment records from Dr. R. Dawson.

The Board found that the Veteran's right knee disability does not warrant a higher initial rating in excess of 10 percent, and denied his request for an earlier effective date.

The Board has granted service connection for chondromalacia of the left knee.

The Veteran's left knee disability, currently evaluated as 10 percent disabling under Diagnostic Code 5260 (leg, limitation of flexion), has been found to not warrant a higher evaluation due to lack of compensable limitation of motion. The VA examiners have noted full range of motion with no additional loss upon repetitive use.

The Board has determined that the Veteran's current bilateral knee disabilities resulted from injuries sustained during a period of inactive duty training in April 1997. Service connection for these conditions is granted.

The Board has determined that the Veteran is not entitled to service connection for a dental avulsion, secondary to left tibial fracture. The claims for increased evaluations of various disabilities have also been denied.

The Board has granted service connection for a right knee disability, but denied the claims for left knee and upper back disabilities. The claim for an initial rating in excess of 10 percent for recurrent right foot strain is remanded.

The Veteran's appeal is being remanded to obtain additional evidence and determine if he is unemployable due to his service-connected disabilities.

The Board found that there is no clear and unmistakable evidence to rebut the presumption of soundness for wartime service, but also noted that the Veteran's arthritis likely pre-existed his military service. The examiner concluded that the right knee disability clearly existed prior to service and was not aggravated by service.

The Veteran's left knee injury, post anterior cruciate ligament repair, has been manifested by flexion limited to at worst 135 degrees and normal extension. The disability does not meet the criteria for a higher initial rating.

The Board has decided to remand the Veteran's claims for further development due to incomplete examination reports and outstanding private medical records.

The Veteran's claims for higher ratings for his right shoulder and left knee were denied. The Board found that the evidence did not support a rating in excess of 20% for his right knee osteoarthritis, which was granted with a 20% evaluation.

The Veteran's claims for service connection for left knee and left ankle disorders were denied. The claim for an initial rating in excess of 10 percent for the right shoulder disability was granted prior to January 13, 2012, but denied thereafter.

The Veteran's claims for higher ratings and propriety of assigned ratings are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is remanded due to the need for a new VA examination of his right knee disability and for obtaining relevant ongoing medical records.