Knee decisions — 2014

The Veteran's right knee disability has not resulted in significant neurological symptoms, and the flexion of his right knee is not limited to 30 degrees or less, nor extension limited to 15 degrees or more. Therefore, a rating in excess of 10 percent for the service-connected right knee disability is denied.

The Veteran's service-connected disabilities do not render him unemployable as he has worked in various sedentary positions and is capable of engaging in less physically demanding work.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records prior to 2007 and a new examination to determine the presence of neurological disorders of the lower extremities. The Veteran also needs a new VA examination to assess the current level of impairment due to his service-connected thoracolumbar spine disability.

The Board granted a 20 percent rating for the Veteran's right knee disability, effective from December 9, 2009. The left foot metatarsalgia issue was not addressed as it was withdrawn by the Veteran and remains pending.

The Veteran's appeal was denied for various issues, including service connection claims and initial rating determinations. The total disability rating for a pontine hemorrhage was granted but not extended beyond January 13, 2008.

The Veteran's claim for service connection for bilateral knee disability is being remanded due to his failure to report for a VA examination and the need to obtain additional records, including vocational rehabilitation folder and medical records from Dr. Gleason.

The Board denied the Veteran's claims for service connection for bicuspid aortic valve disorder and an initial rating in excess of 10 percent for left knee disability, finding that there was no evidence to support the contention that his conditions were aggravated by military service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from March 2007 to August 2012 at Sierra Vista Dental, M.A.L., D.D.S., and J.B.L., D.M.D was denied as the treatment was not authorized in advance by VA.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected lumbar spine and associated neurological disabilities did not meet the criteria for TDIU due to their moderate impact on employment. The issue of service connection for bilateral knee disorder as secondary to the service-connected lumbar spine disability was also remanded.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran's residuals of left knee strain/sprain did not meet the criteria for a higher rating, and his limitation of extension was also denied.

The Board denied service connection for right knee and low/mid back disabilities, but granted a 20% rating for osteoarthritis of the left shoulder.

The Board has denied the Veteran's claims for service connection for a left knee disability and bilateral ankle disability, finding that there is no evidence of onset or causation in service. The claim for an initial rating for IBS remains pending.

The Board has determined that a right knee disability was not incurred or aggravated as a result of active service and therefore denied the claim.

The Veteran's right knee disability, including arthritis and instability, is currently rated at 10 percent. The issues of increased rating for the right knee disability and initial PTSD rating prior to April 13, 2013 are addressed.

The Veteran's left knee, right knee, and left shoulder disabilities are all found to be service-connected.,However, the Veteran's bilateral hearing loss is not considered a service-connected disability.

The Veteran's combined service-connected disabilities have resulted in a rating of 90 percent, which is the highest possible under current regulations. The Board has determined that this rating is correct and no higher rating can be granted based on the evidence provided.

The Board has determined that the Veteran does not have current diagnoses of fibromyalgia, cervical spine, stomach, right hip, right knee, or right ankle disorders. The adjustment disorder is rated at 50% and no higher.

The Board has determined that the claims must be remanded for new VA examinations to properly assess the Veteran's current level of disability due to his service-connected PTSD, depressive disorder not otherwise specified, and panic disorder without agoraphobia, as well as his left ankle sprain. Additionally, all relevant VA treatment records from 1991 to present should be obtained.

The Board has reopened the Veteran's previously denied claims for service connection for right and left knee disabilities, right and left wrist disabilities, and a back disability. The Board finds that these conditions are at least in equipoise with his military service.,Service connection is granted for the Veteran's bilateral knee disabilities, bilateral wrist disabilities, and back disability.

The Veteran seeks compensation for a left lower extremity above the knee amputation, claiming that earlier detection of his vascular disorder could have prevented the need for the amputation. The Board has ordered additional medical opinions to determine if VA's carelessness or negligence caused the amputation.