Knee decisions — 2014

The Board denied the Veteran's claims for service connection for various lower extremity and back disorders, finding that these conditions are secondary to his pre-existing flat feet. The appeal was not about service connection at all.

The Veteran's claims for service connection were denied, with the exception of his request to reopen a claim for service connection for a wrenched left knee. The denial was based on lack of evidence showing a nexus between current left knee disorder and service.

The Board has remanded the case for further development due to concerns about service connection for bilateral knee disabilities, including consideration of undiagnosed illness and potential aggravation by a service-connected condition (PTSD).

The Veteran's service-connected right knee conditions have not been shown to warrant a higher rating under the applicable VA rating criteria.

The Veteran's PTSD is rated at 100% since June 3, 2004. His tinnitus is service-connected and rated as secondary to his hypothyroidism. The Veteran's bronchitis is not compensable but warrants a rating of 100%. Other conditions are either not shown or do not warrant increased ratings.

The Veteran's appeal is remanded due to procedural defects, including the failure to issue a statement of the case for his disagreement with assigned evaluations and earlier effective dates. The TDIU claim will be adjudicated in conjunction with these issues.

The Board has remanded the case for further development, including obtaining a supplemental opinion on the right knee disability and assessing the severity of the left knee disability. The Veteran's claims will be readjudicated after these actions.

The Veteran's cervical spine disability, other than a cervical strain, is granted as service connected.,Service connection for the right and left knee disabilities is denied.

The Veteran's hypertension was not incurred in service and is not presumed to have been incurred. The Veteran's left knee DJD does not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's right and left knee disabilities have been rated at 10 percent each since January 2008. The March 2014 VA examination found that the Veteran's condition had significantly worsened, but his range of motion remained within noncompensable limits for limitation of motion.

The Veteran's shell fragment wound residuals of the left upper extremity, specifically involving the left shoulder and chest, have been granted a maximum schedular rating of 30 percent. The Veteran's shell fragment wound residuals of the left lower extremity, specifically involving the left leg and thigh, have also been granted a maximum schedular rating of 10 percent.

The Veteran's right knee instability rating was reduced from 30 percent to 10 percent effective May 1, 2010. The reduction is proper as the evidence showed material improvement in his condition under ordinary conditions of life.

The Board has determined that the Veteran does not have a current hearing loss disability for VA service connection purposes and thus, denied his claim for service connection for right ear hearing loss. The issue of entitlement to service connection for a right knee disability is addressed in the REMAND portion of this decision.

The Board has reopened the Veteran's claims for service connection for a right knee disorder and residuals of a right ankle sprain. The evidence is at least in equipoise as to whether these conditions are related to his military service.

The Veteran's right knee condition is manifested by pain and tenderness, but not by objective evidence of flexion limited to 45 degrees or less; extension limited to 10 degrees or more; recurrent subluxation or objective evidence of slight lateral instability; dislocated semilunar cartilage with frequent locking, pain, or effusion into the joint; impairment of the tibia or fibula; or ankylosis. The Veteran's right knee condition is currently rated as 10 percent disabling under Diagnostic Code 5260 (limitation of flexion) and/or Diagnostic Code 5261 (limitation of extension).

The Board found that the Veteran's left knee disability, characterized by flexion up to 110 degrees without pain and extension up to 5 degrees without pain, does not warrant a rating in excess of 10 percent.

The Board has determined that the Veteran's left shoulder tendonitis, left elbow bursitis, patellofemoral syndrome of the right and left knees are related to his active military service. The appeal is granted.

The Board found that the Veteran's bilateral knee disability did not have its onset during active service or within one year thereafter, and it is not related to active service. Therefore, the claim for service connection was denied.

The Board has ordered a remand due to the need for additional development regarding the Veteran's right knee disability, including scheduling a VA examination and obtaining an opinion on whether his current right knee complaints are related to service.

The Veteran's claims for increased rating for lumbar spondylosis, service connection for bilateral knee disability, and service connection for tinea pedis are being remanded due to the need for additional development.