Knee decisions — 2015

The Veteran withdrew her appeal regarding the increased disability evaluation for a left total knee replacement, evaluated as 30 percent disabling from May 1, 2012.

The Veteran's left knee disability and epididymitis are service-connected, with a TDIU granted effective December 4, 2009.

The Veteran's appeal was denied as he does not have a back, right hip, left knee or left ankle disability that is etiologically related to his active duty service.

The Veteran's claims for increased ratings and service connection were denied. The right shoulder, left ankle, right ankle, hypertension, bilateral foot plantar fasciitis with left first metatarsophalangeal joint degenerative joint disease, bilateral hearing loss, low back disorder, left knee disorder, and right knee disorder all had their respective initial rating evaluations determined to be inadequate.

The Veteran's right shoulder and knee disabilities have been rated based on their current functional limitations, with the right knee receiving a 10% rating for recurrent subluxation or lateral instability.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the severity of his right knee disability.

The Veteran's sleep apnea was granted service connection, and his left ankle swelling was granted a 40% rating effective January 1, 2007. The remaining issues are addressed in the REMAND portion of this decision.

The Board has determined that the Veteran's right and left knee disabilities meet the criteria for a 20 percent rating under Diagnostic Code 5258, which allows for dislocation of semilunar cartilage with frequent episodes of joint 'locking,' pain, and effusion. The current 10 percent ratings are therefore increased to 20 percent.

The Board has determined that a timely substantive appeal was submitted for the issues of right ankle arthritis, left knee degenerative changes, and chip fracture of the right middle finger. The case is now REMANDED to obtain VA examinations and readjudicate the claims.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's left knee, left ankle, and right hip disabilities are secondary to his service-connected right knee and right ankle disabilities. The issues of service connection for these conditions remain on appeal.

The Board found that the awards of service connection for left knee and left ankle disabilities were clearly and unmistakably erroneous, and properly severed as of March 1, 2012.

The Board has remanded the claims for service connection for right foot disability, right knee disability, left knee disability, left shoulder disability, and lumbar spine disability due to incomplete development.

The Veteran's left knee disability, including his pseudogout, warrants a 10 percent rating from August 2, 2012.

The Board has found that the Veteran sustained a right knee injury in service and this is related to his current chronic right knee disorder. Therefore, service connection for a right knee disorder is granted.

The Board has denied the Veteran's claims for service connection for a right knee disorder, left knee disability, bilateral hearing loss, and tinnitus. The denial of the right knee claim is final as it was previously denied in December 1997 without new and material evidence being submitted. The left knee and hearing loss/tinnitus claims are pending.

The Board has ordered a new examination to determine if the Veteran's bilateral knee disability is related to service or to her service-connected disabilities, specifically her compression fracture and fractures of both ankles.

The Veteran's claims for higher evaluations of his right and left knee degenerative joint disease, as well as a separate evaluation for left knee instability, were denied. The RO found that the current ratings adequately reflect the severity of the disabilities.

The Board found that there is no current diagnosis of a disability of the bilateral knees or bilateral upper extremities, and thus, service connection for these conditions cannot be granted.

The Veteran's claim for an increased rating for his service-connected right knee disability was granted, and the effective date is set at June 7, 2010.

The Board found that the grant of service connection for DJD of the right knee was clearly and unmistakably erroneous, and thus severed benefits. The claim is denied.