Knee decisions — 2014

The Board has determined that the Veteran's left knee disability, including meniscectomy and degenerative joint disease, is related to service.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or housebound status.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal prior to the Board's decision.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the severity of his left knee disability. The claim will be readjudicated after these actions.

The Veteran's left knee disability was rated at 10 percent prior to October 20, 2010 and remains rated at 10 percent. The Board found that the evidence did not support a higher rating based on limitation of motion.

The Board has determined that the Veteran's PTSD does not warrant a rating in excess of 50 percent, as his symptoms do not meet the criteria for a higher evaluation under the applicable diagnostic code. The issue regarding the left knee was withdrawn by the Veteran.

The Veteran seeks an earlier effective date for a TDIU, arguing that he should have been granted one based on his service-connected PTSD. The Board finds evidence of unemployability due to the service-connected disabilities and remands the case for referral to the VA Under Secretary for Benefits or the VA Director of the Compensation and Pension Service for adjudication of TDIU eligibility under 38 C.F.R. § 4.16(b).

The Veteran's hypertension and DJD of the right knee have been granted service connection, with a rating assigned.

The Board has denied the Veteran's claims of service connection for back disorder, right knee disorder, left knee disorder, peripheral neuropathy of bilateral hands and feet, and cardiovascular disease. The evidence did not establish a nexus between these conditions and service.

The Board has remanded the case due to insufficient medical evidence and issues related to secondary service connection. The Veteran's left knee disability is under consideration, along with his claim for TDIU.

The Board has restored the Veteran's 20 percent rating for right knee DJD, finding that the reduction from a 20 percent rating to a 10 percent rating was not proper. The claim of entitlement to an increased rating for right knee DJD is denied.

The Veteran's right knee disability is granted, and his initial rating for hypothyroidism remains at 30 percent.

The Veteran's right and left knee strains are currently rated as 10% each since August 28, 2012.,Prior to August 28, 2012, the Veteran was denied initial compensable ratings for his right and left knee strains.

The Veteran's organic brain syndrome is caused by his PTSD. The Veteran does not have aphasia or any disorder causing symptoms other than those associated with PTSD. Arthritis of the knees and hips was not manifested during service, it was not compensably disabling within the one year of separation from active duty or for many years thereafter, and arthritis of these joints is unrelated to service.

The claims for service connection for right and left knee disorders are being remanded due to the need for additional development.

The Board has remanded the case to obtain clarification from the examiner who conducted the VA examinations in May 2006 and March 2009 regarding the Veteran's increased disability rating for a left knee disability prior to June 15, 2009. The Veteran is seeking an increase in his disability rating.

The Veteran's right tibia/knee disability is currently rated as 10 percent disabling, effective January 20, 2009. The claim for increased rating has been granted.

The Veteran's left hip replacement resulted in moderately severe residuals of weakness, pain or limitation of motion following implantation of a prosthesis. The right knee disability did not meet the criteria for an initial rating in excess of 10 percent.

The Board has determined that the Veteran's arthritis of the knees is not related to his service-connected back disability and therefore denied his claim for secondary service connection.

The Board has determined that the Veteran does not have current disabilities of back, neck, right knee, or left knee for which service connection can be granted.