Knee decisions — 2015

The Veteran's right knee instability is currently rated at 20% since August 23, 2013. Prior to that date, his status post-medial meniscectomy was not shown to meet the criteria for a higher rating.

The Board has remanded the case due to missing VA medical records and a need for a new examination of the Veteran's PTSD. The issues include service connection for a right knee disability, an increased rating for PTSD, and assignment of an effective date prior to May 17, 2011.

The Board found that the Veteran's current arthritis of the bilateral knees and feet did not incur or increase in severity during his active service. The preexisting conditions were deemed to have been aggravated by his military duties, but this aggravation was not considered sufficient under VA regulations.

The Board has remanded the case due to the need to issue a Statement of the Case on the issues of entitlement to an effective date earlier than February 18, 2014 for the grants of service connection for allergic rhinitis, right hip trochanteris pain syndrome including bursitis, left knee strain, and right knee strain.

The Veteran's claim for special monthly pension based on the need for aid and attendance or being housebound was denied as she does not meet the criteria for such benefits due to her ability to care for herself and lack of any service-connected disabilities rated at 100%.

The Veteran's service-connected PTSD with anxiety is currently rated at 50 percent. The effective date for this rating has been set as November 30, 2007.

The Board has granted service connection for right knee, right ankle, and back disabilities. The Veteran's left knee disability is rated at 10%.

The Veteran's tinnitus was found to be service-connected. The right and left knee disabilities, as well as the bilateral pes cavus, metatarsalgia, and fasciitis were not granted increased ratings.

The Veteran's claims for left knee, back, and skin disabilities were reopened due to the submission of new evidence. Service connection is granted for left knee osteoarthritis status post total knee replacement.

The Board found no evidence of a nexus between the Veteran's current lumbar, cervical, hip and knee disabilities and his military service. The appellant did not serve on active duty for 90 days or more, thus making presumptive service connection inapplicable.

The Veteran has withdrawn all his pending appeals, including those related to cervical spine disorder, liver disorder (including fatty liver), GERD, skin disorder, left knee disorder, gallbladder disorder (including gallstones), erectile dysfunction, IBS, and bilateral sensorineural hearing loss.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new VA examination to assess the severity of his service-connected knee conditions. The issue of entitlement to TDIU will be deferred until the increased evaluation issues are resolved.

The Veteran's appeals for higher ratings for DJD of the right knee and left knee, as well as a compensable rating for plantar wart of the right foot, have been withdrawn.,The Veteran's appeal regarding service connection for arthritis of the back has also been withdrawn.

The Board has determined that additional development is necessary in this case, including obtaining medical records and conducting VA examinations to address the appellant's claims for service connection for various disabilities.

The Veteran's appeal is being remanded for additional development to verify his National Guard service and obtain updated VA treatment records.

The Board has decided that the VA examination provided in August 2010 did not address whether the Veteran's bilateral hip and knee disorders are related to service. Therefore, a new addendum opinion is needed.

The Veteran's claims for increased ratings for his right hip and right knee disabilities were denied as the evidence did not show that either condition warranted a rating in excess of 10 percent.

The Veteran's right knee disability, characterized by limited motion and slight instability, does not warrant a higher evaluation as the flexion is always at least 120 degrees and extension is always zero degrees. A separate 10 percent rating for instability is granted.

The Veteran's service-connected disabilities (interstitial lung disease, bilateral hearing loss, left knee disability, and tinnitus) make it impossible for him to secure or follow a substantially gainful occupation.

The Board has determined that a 10 percent rating, but no higher, is warranted for bilateral degenerative arthritis of the knees.