Knee decisions — 2014

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to address the nature and etiology of his right knee, ankle, and foot disabilities.

The Veteran's right knee disability is currently rated as 20 percent disabling due to pain and instability. A separate 10 percent rating has been granted for limited extension since May 13, 2014.

The Board has reopened the Veteran's claims for right knee, neck, and gastrointestinal disorders but has not granted service connection for any of these conditions.,New evidence submitted since previous decisions raises a reasonable possibility of substantiating the claims for right knee, neck, and gastrointestinal disabilities.

The Veteran's claims for increased ratings for his right and left knee disabilities were denied due to failure to report for a scheduled VA examination.

The Veteran's musculoligamentous strain of the right knee has been manifested by flexion ranging from 90 to 120 degrees, with pain beginning at 110 degrees; extension that was normal; no decrease in range of motion on repetitive testing; and complaints of pain. The criteria for an evaluation in excess of 10 percent have not been met.

The Veteran is eligible for educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) due to his service-connected right and left knee tendonitis, which was aggravated by service. However, he is not eligible for educational assistance benefits under Chapter 30 (Montgomery GI Bill).

The Board has granted service connection for the Veteran's right knee disability, finding that there is a 50 percent or better probability that it began during service and is otherwise etiologically related to service.

The Veteran's left knee degenerative joint disease with patellofemoral syndrome resulted in reduced range of motion, including limited extension to no less than -10 degrees and flexion to no less than 90 degrees. The disability did not result in locking, ankylosis, subluxation, lateral instability, impairment of the tibia or fibula, genu recurvatum, dislocation, or removal of the semilunar cartilage.

The Veteran's claims for service connection for acquired psychiatric disabilities, bilateral knee disabilities, and frostbite residuals were granted. The rating assigned is 30%.

The Board has found that remand is necessary to provide the Veteran with VA examinations of the lumbar spine and knees due to current diagnoses, service treatment records showing complaints and treatment for the knees, and lay statements indicating trauma during active service.

The Board found that the Veteran's left knee disability did not warrant a rating in excess of 10 percent under the applicable diagnostic codes, as there was no evidence of instability or limitation of motion beyond what is contemplated by the current ratings.

The Board has determined that the Veteran's cervical spine disability, back disability (as secondary to a service-connected right knee disability), left shoulder disability, and left elbow disability are related to his active service. The Veteran's tinnitus and vision loss do not have onset during active service or are not etiologically related to active service. Adult acne is also not related to active service.

The Board has granted service connection for the Veteran's right knee disability, finding that it is not due to service.

The Board denied the Veteran's claims for increased ratings for his service-connected right toe disability, right knee disability, and left testicle disability. The Veteran was not granted any compensable evaluations.

The Veteran's claims for higher initial disability ratings for degenerative joint disease of the hands and knees have been granted, with a rating of 10 percent each effective from July 17, 2007.

The Board has reopened the Veteran's claim for service connection of a left knee disability. The issues of increased ratings for right and back disabilities, as well as initial compensable rating for bilateral hearing loss are still pending. Service connection for night sweats is added to this matter but remains on hold due to lack of evidence.

The Board has granted service connection for degenerative disc disease of the lumbar spine and chondromalacia patellae (knee) based on evidence showing these conditions are related to active military service.

The Veteran's claims for increased ratings for lumbar spine DDD and right knee DJD are being remanded due to the need for additional examinations.

The Board denied the Veteran's claims for service connection for cervical strain, bilateral hearing loss and sinusitis. The Veteran was granted service connection for depression, Type II diabetes mellitus, gastroesophageal reflux disease, osteoarthritis of the left knee and right knee, but his initial ratings were assigned at 10%, 20%, 0% and 0% respectively.

The Board has upheld the current rating of 10 percent for osteoarthritis and chondromalacia of the left knee, finding that it is properly compensated for the extent of functional loss resulting from symptoms like painful motion. The Veteran's flexion was limited to at most 120 degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5260.