Knee decisions — 2015

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, as evidenced by his significant limitations due to his service-connected lower extremity disabilities.

The Veteran's appeal is remanded for additional development including obtaining VA and private treatment records, conducting a VA examination to assess the current severity of his service-connected right knee disabilities, and issuing a supplemental statement of the case if any of the benefits sought remain denied.

The Veteran's TDIU claim is being remanded due to the need for a more detailed opinion regarding his ability to work and the impact of his service-connected conditions on his employment.

The Veteran's service-connected PTSD, tinnitus, and bilateral knee disability do not preclude him from securing and following a substantially gainful occupation.

The Veteran's depressive disorder is related to his service-connected disabilities. His hearing loss and tinnitus are not related to service or any incident therein. The Veteran's left leg being shorter than the right leg is related to a service-connected disability.

The Veteran's claims for an increased evaluation for shin splints of the right knee and service connection for a condition of the lumbosacral spine were denied. The Board found that there was no evidence to support higher ratings or service connection.

The Board has determined that the Veteran's renal calculi and kidney cysts had their onset in service, and his degenerative arthritis of the left knee and right hip are aggravated by his service-connected chronic muscular strain superimposed on degenerative instability with sciatica. As such, these conditions have been granted service connection.

The Veteran's appeal is being remanded for additional development to determine if his left knee, left arm, and/or left shoulder disabilities are directly related to service.

The Veteran's service-connected left knee condition is rated at a non-compensable level prior to August 30, 2011. From August 30, 2011, the Veteran underwent surgery and now has a compensable rating of 10 percent for his left knee condition.

The Veteran's service-connected bilateral ankle disabilities have been granted increased ratings, with the right and left ankles receiving separate evaluations. The Veteran is entitled to a rating in excess of 10 percent for his right ankle disability prior to August 5, 2011, and on and after that date. He is also entitled to a rating in excess of 20 percent for his left ankle disability on and after August 5, 2011.

The Veteran's right knee sprain has been rated at 10 percent since June 2009, with a separate 10 percent rating for slight instability. The initial rating and the additional rating for instability have both been granted.

The Veteran's claims for service connection for various conditions, including diabetes mellitus, fingernail and toenail disabilities, an acquired psychiatric disability (including PTSD), a neck disability, a back disability, bilateral knee disability, sinusitis, and skin disability are denied. The Veteran is granted service connection for flat feet.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and for issuance of a Statement of the Case on the TDIU claim.

The Veteran's right knee disability has been rated as 10 percent disabling since May 4, 2010. The rating is based on slight instability and no other functional impairment.

The Board has determined that the Veteran's cervical spine disability is not related to service and denied his claim for service connection. The right wrist and right knee disabilities are also denied as there is no clear evidence of their onset during service.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation for the entire period on appeal, and the Board has granted TDIU benefits.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private medical records, scheduling new examinations, and affording the Veteran a hearing if requested.

The Board has granted a 30 percent rating for the service-connected left knee degenerative joint disease, effective from the date of the decision. The Veteran's disability is characterized by ankylosis in slight flexion without objective evidence of left knee ankylosis in flexion between 10 and 45 degrees.

The Board denied extensions of temporary total evaluations for left knee surgery and increased disability ratings for the Veteran's knee disabilities. The Veteran was granted separate disability ratings for right knee subluxation, but his request to increase his rating for left shoulder degenerative osteoarthritis was withdrawn.

The Veteran's service-connected disabilities, when analyzed as a whole, prevent him from securing or following a substantially gainful occupation during the entire appeal period.