Knee decisions — 2015

The Veteran's service-connected total right-knee replacement has been rated at 30 percent since January 6, 2006. Since February 15, 2012, he also receives a separate 10 percent rating for instability of the right knee.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling an appropriate VA examination to determine the effect of all service-connected disabilities on the Veteran's ability to work. The issues of entitlement to TDIU and assignment of a prior effective date remain pending.

The Veteran's claim for an increased rating for left knee instability was granted, and he is currently receiving a 30 percent evaluation. The claim for a compensable rating for his left knee osteoarthritis prior to January 29, 2001, has been granted, with the effective date set at that time. However, the Veteran's claim for a rating in excess of 10 percent for his left knee osteoarthritis after January 29, 2001, remains pending.

The Veteran's claim for higher initial schedular ratings for degenerative joint disease of the right knee was denied. The case is also remanded for further development regarding extraschedular rating and TDIU.

The Veteran's right knee disability is caused or aggravated by his service-connected left knee disability. The Board grants the benefit sought on a secondary theory of entitlement.

The Board denied service connection for a left knee disability and hepatitis B, finding that the Veteran's conditions did not meet the criteria for service connection based on direct evidence.

The Board has remanded the cases for issuance of a statement of the case as to whether new and material evidence has been received to reopen a claim of service connection for a cervical spine disability, entitlement to service connection for a left knee disability, entitlement to service connection for a traumatic brain injury with residual headaches, and entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance of another person or on account of being housebound.

The Veteran's left knee disability is rated at 10 percent, and his diabetes mellitus, type II is presumed to have been incurred during service. The other claims are not addressed as they are not related to the issues on appeal.

The Veteran's left knee osteoarthritis is likely the result of disease or injury incurred during active military service.

The Board denied the Veteran's claims for service connection for a left knee disability and low back disability, finding that there was no evidence of an in-service injury or disease related to these conditions. The Board also found insufficient evidence to establish secondary service connection.

The Veteran's claims for service connection were granted, and he was assigned a 10 percent evaluation for his right knee strain. The other issues related to the Veteran's conditions have also been resolved in his favor.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and records review.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development, including obtaining medical records from private providers and Social Security Administration (SSA) records.

The Veteran withdrew his appeals for an initial increased disability rating in excess of 10 percent for peripheral neuropathy, right lower extremity and left lower extremity.,The Veteran withdrew his appeal for an increased disability rating in excess of 30 percent for PTSD.,The Veteran withdrew his appeal for an initial increased disability rating in excess of 10 percent prior to December 12, 2012, for degenerative joint disease of the left knee, status post total knee arthroplasty.,The Veteran withdrew his appeal for an increased disability rating in excess of 60 percent prior to September 30, 2013, and in excess of 30 percent from January 17, 2014, for coronary artery disease, status post myocardial infarction and stenting.,The Veteran withdrew his appeal for service connection for GERD.,The Veteran withdrew his appeal regarding whether new and material evidence has been received to reopen a claim for service connection for sleep apnea, to include as secondary to PTSD or coronary artery disease.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, urinary incontinence associated with degenerative disc disease of the lumbar spine, hypertensive heart disease, patellar subluxation of both knees, and bilateral hearing loss, have rendered him unable to secure or follow substantially gainful employment. The Board finds that his service-connected disabilities meet the criteria for a TDIU.

The Board has determined that the Veteran's low back, bilateral knee, and left ankle disabilities are secondary to his service-connected right ankle disability. The claims for these conditions have been granted.

The Board has determined that the Veteran's bilateral knee internal derangement warrants a 30 percent evaluation effective March 10, 2014. The evidence shows significant functional impairment due to weakness, excess fatigability, incoordination, and constant use of a walker.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted service connection for right ear hearing loss and right knee strain, finding that the Veteran's current conditions are related to his military service. The effective date is not specified as it was a direct grant of service connection.

The Veteran's claim for an increased rating for his service-connected left knee disability was denied because the increase in disability occurred more than one year prior to the date of receipt of the claim. The effective date remains February 21, 2012.