Knee decisions — 2015

The Board has determined that the Veteran's current pelvic rotation, L3 nerve group disorder causing numbness/sleeping feeling to left thigh and knee, spinal alignment C1 through S3 disability, and inability to sustain an upright position, to support body weight independently, or to recover from a fall, right leg are all secondary to his service-connected soft tissue lacerations to right foot and heel with residual pes planus.

The Veteran's appeal was granted, with a maximum schedular evaluation of 50 percent for posttraumatic headaches effective from April 13, 2007. The Board also found that referral for an extraschedular evaluation under 38 C.F.R. § 3.321(b)(1) is not warranted in conjunction with the service-connected posttraumatic headaches. Additionally, a TDIU was granted.

The Board has determined that the Veteran's left and right knee disabilities are service-connected, with no indication of aggravation during active duty.

The Board has determined that the Veteran's surgical scarring, left below-the-knee amputation stump, warrants a 10 percent rating for the entire appeal period.

The Veteran's service-connected chondromalacia of the right and left knees was granted a rating of 20 percent for each knee, effective July 8, 2013. The limitation of extension of both knees is now rated as 20 percent disabling.

The Veteran's bilateral knee disabilities have been rated based on the severity of his symptoms and impairment. The left knee disability is currently rated as 60 percent disabling, with a temporary total evaluation under 38 C.F.R. § 4.30 from November 6, 2008 to December 31, 2009, and from January 1, 2012. The right knee disability is rated as 20 percent disabling.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical opinions and VA examinations.

The Board denied the Veteran's claims for service connection for right hip, left hip, and left ankle disorders as secondary to his right knee disability. The appeals regarding reopening of back and left knee disorder service connection claims were also denied.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of service connection for any of the claimed conditions.

The Veteran's right knee disability, including instability and chondromalacia, required convalescence beyond March 31, 2009. The Board granted a separate compensable rating for recurrent subluxation or instability of the right knee.

The Veteran's claim for PTSD was denied due to lack of a diagnosed condition. The claim for left knee injury disorder is reopened with the addition of new and material evidence, but service connection remains denied as there is no causal link between current symptoms and military service.

The Board has remanded the appeal due to new evidence submitted by the Veteran. The claims for service connection and increased rating will be reconsidered with this additional evidence.

The Veteran's appeal is being remanded to the RO for a new VA examination and additional development of his claims, including entitlement to increased ratings for left knee disability, instability, and right knee disability.

The Board has granted service connection for dermatitis, finding that the Veteran's current skin disability had its onset during his active service. The issues of increased initial ratings for right knee strain and right ankle strain are also remanded.

The reductions of the disability ratings for the service-connected left knee unicompartmental arthroplasty with osteoarthritis and residual scar, the service-connected left knee limitation of extension, and the service-connected left lower extremity radiculopathy are void ab initio. The 20 percent rating for the service-connected left knee unicompartmental arthroplasty with osteoarthritis and residual scar, the 10 percent rating for the service-connected left knee limitation of extension, and the 10 percent rating for the service-connected left lower extremity radiculopathy are restored as though the reductions had not occurred.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for left knee and right knee disabilities. The claim is granted as both conditions are found to be related to service.

The Board has decided to remand the Veteran's claims for additional development, including obtaining missing service records and scheduling VA examinations.

The Board has remanded the case for referral to the VA Under Secretary for Benefits or the Director of the Compensation and Pension Service to consider assignment of a total rating based on individual unemployability due to service-connected disability on an extraschedular basis prior to September 22, 2009.

The Veteran's appeal is being remanded due to the need for additional VA examinations and records review. The issues of service connection for headaches, ankle tendonitis, plantar fasciitis, knee disorders, and chronic bronchitis are pending.

The Veteran's appeal was denied as his claims for service connection were not substantiated by the evidence of record. The Board found that there was no direct or secondary service connection for any claimed conditions.