Knee decisions — 2015

The Veteran's service-connected right knee disability is rated at 20 percent effective from June 12, 2015. The claim for a higher initial evaluation has been granted.

The Veteran's service-connected bilateral knee disabilities have rendered him unable to secure and follow any substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Veteran's left knee disability has been characterized by bursitis, without incapacitating exacerbations, ankylosis, subluxation or lateral instability, dislocated or removed semilunar cartilage, a limitation of flexion of 60 degrees or less, limitation or extension, impairment of the tibia and fibula, or genu recurvatum. The criteria for a rating in excess of 10 percent for a left knee disability have not been met.

The Veteran's left knee disability, characterized by painful motion and mild instability, is currently rated at 10 percent.

The Veteran's claims for compensation for gynecomastia, an initial rating in excess of 10 percent for lumbar degenerative disc disease, and a separate 10 percent rating for right lower extremity radiculopathy effective November 27, 2006 were denied. The claim for service connection for bilateral knee disabilities was granted with an effective date of June 18, 1983. The claims for earlier effective dates for the grant of service connection for left and right knee disabilities were also denied.

The Veteran's claim for service connection for a right knee disability is denied as there is no evidence of a current right knee disability. The case is remanded to obtain updated VA treatment records and arrange for an examination by an orthopedist to determine the nature and likely etiology of his left knee disability.

The Board found no evidence of a nexus between the Veteran's current low back and knee conditions and his active duty service.,The Board also found no evidence of a nexus between the Veteran's current kidney condition and his active duty service.

The Veteran's acquired psychiatric disability other than PTSD, including depression with possible psychotic features and bipolar disorder, is service-connected as a result of aggravation during his period of active duty for training (ACDUTRA). The Board finds that the Veteran has met his burden to establish service connection for this condition.

The Board has determined that the Veteran's right knee arthritis and resulting postoperative knee replacement residuals, as well as his left knee arthritis and resulting postoperative knee replacement residuals, are related to service. The Board also found that the Veteran's left shoulder disability is at least as likely as not related to service.

The Veteran's claims for service connection were denied across multiple issues, including hearing loss and various musculoskeletal conditions. The Board found that the evidence did not support a compensable evaluation for hearing loss or establish service connection for any of the other claimed disabilities.

The Board has determined that the Veteran's left and right knee disabilities, diagnosed as left knee disability and right knee medial plica respectively, are related to service. As such, the claim for service connection is granted.

The Board finds that the preponderance of evidence is against finding a link between the Veteran's left knee condition and his period of service or secondary to his service-connected right knee disability.

The Veteran's appeal is being remanded due to the need for a hearing before the Board at the RO.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner regarding the etiology of the Veteran's bilateral knee degenerative joint disease.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's left knee and hip disabilities.

The Veteran's claim for service connection for a right knee disorder is being remanded due to the need for additional examination and treatment records.

The Veteran's claims for increased ratings for his service-connected meniscus tear of the left knee and instability of the left knee are being remanded due to new evidence and need for a VA examination.

The Board found that the effective date of March 16, 2011 for the assignment of a temporary total rating pursuant to 38 C.F.R. § 4.30 based on a need for convalescence following service-connected right knee surgery is not warranted.

The Board has remanded the case for further development due to incomplete records and potential lay evidence.

The Veteran's service-connected scars of the knees are evaluated at a maximum rating of 20 percent, considering their linear and superficial nature with no underlying tissue damage or instability. The hypoesthesia overlying these scars is considered analogous to painful scars under Diagnostic Code 7804.