Knee decisions — 2015

The Veteran's left knee disability, characterized by frequent episodes of pain and swelling associated with semilunar cartilage involvement, full extension limited to 45 degrees, is currently rated at 20 percent under Diagnostic Code 5261 for limitation of flexion.

The Veteran's appeal is being remanded due to his request for a videoconference hearing. The issues of entitlement to service connection for right and left knee disorders, secondary to service-connected bilateral pes planus, are pending.

The Veteran's claim for an increased rating for his service-connected right knee disability was denied as there is no evidence showing that the disability more closely approximates a higher evaluation.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled videoconference hearing. His claims for service connection and initial disability rating remain pending.

The Veteran's appeal is being remanded to the AOJ for additional development, including scheduling a VA examination and obtaining his VA treatment records from January 26, 2015 to the present. The issues of increased ratings for hemorrhoids and bilateral knees are also being remanded.

The Board has found new and material evidence to reopen service connection for a right knee disorder and bilateral ankle disorder, both of which are presumed due to service in the Gulf War Theater. The Veteran's current symptoms qualify as qualifying chronic disabilities.

The Veteran's claim for an increased rating for his right knee disability was denied, as the evidence did not meet the criteria for a higher rating. The claim for TDIU and service connection for bilateral hearing loss are addressed in the REMAND portion of this decision.

The Veteran's disability status post left fibula fracture with surgical scar and post-traumatic arthritis of the left ankle and left knee was evaluated as 20 percent disabling through July 15, 2011. The VA examination reports provided sufficient evidence to support this rating.

The Veteran's claim for a higher rating for his left knee instability was granted, and he is now rated at 10 percent. The TDIU claim has also been granted.

The Board has determined that the Veteran's cervical spine disability is etiologically related to service, and thus granted service connection for degenerative disc disease of the cervical spine. The knee issues remain pending as a new examination is needed.

The Veteran's service-connected bilateral knee disabilities do not cause her orthopedic appliances to wear or tear her clothing, thus she does not meet the criteria for an annual clothing allowance.

The Board found that the Veteran's current left knee disorder did not have an onset during service or within one year of separation, and there is no evidence linking it to a known etiology. The preponderance of the evidence does not support a finding that his current condition is related to service-connected bilateral pes planus.

The Veteran's appeal is being remanded due to the need for a current VA examination and because the TDIU claim is inextricably intertwined with the right knee disability issue.

The Board has determined that new and material evidence has not been received to reopen the claims for bilateral knee, hip, back disabilities, diabetes mellitus, retinopathy, and peripheral neuropathy of the upper extremities. The Veteran's current conditions are presumed unrelated to his military service.

The Board is remanding the case for additional development, including obtaining private medical records and information from Social Security Administration.

The Veteran's current left knee disorder is as likely as not caused or aggravated by his service-connected residuals of second and fourth metatarsal fractures of the left foot. The Board grants entitlement to service connection for a left knee disorder.

The Veteran withdrew his appeal for a higher initial disability rating for left knee chondromalacia patella with dislocation and subluxation.

The case is being remanded to the RO for additional development, including obtaining updated medical records and scheduling a VA examination. The claims of entitlement to higher initial ratings for right and left knee disabilities will be reconsidered after these steps.

The Board has decided that additional development is needed, including obtaining SSA records and providing an addendum opinion regarding the Veteran's left knee disability. The case will be returned to the AOJ for further action.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after scheduling him for an appropriate video conference hearing.