Knee decisions — 2015

The Veteran's bilateral pes planus, right knee injury with traumatic arthritis, and left knee degenerative joint disease have been granted initial disability evaluations in excess of the assigned ratings.

The Veteran's left knee disability is rated at 10 percent for degenerative joint disease and chondromalacia of the patella, while her right knee disability is also rated at 10 percent for degenerative joint disease. Both knees are currently rated under Diagnostic Code 5260 (limitation of flexion).

The Board has denied the reopening of the claim for service connection for a right knee disability due to lack of new and material evidence.

The Board has remanded the case due to outstanding VA treatment records and an inadequate examination for the left knee disability. The Veteran's claims for a higher rating for bilateral pes planus and service connection for his left knee disability are pending.

The Veteran's depressive disorder is rated at the highest possible rating under the applicable criteria, but his lumbar spine disorder does not meet or nearly approximate the criteria for a higher rating.,His migraine headaches are currently rated as 30 percent disabling and do not meet or nearly approximate the criteria for a higher rating.

The Veteran's left knee chondromalacia and chest pain are service-connected, with the former receiving a disability rating of 70 percent.

The Veteran's claim for an increased rating for his service-connected left knee osteoarthritis with limitation of flexion is granted, and the effective date is set at August 16, 2005.

The Board found that the Veteran does not have a current disability due to his claimed bilateral knee disability and hemorrhoids, which could be attributed to active service or any incident of service.

The Board has determined that the Veteran's right knee disability clearly and unmistakably existed prior to his entry into active duty service, and was not aggravated by such service. Therefore, the claim for service connection is denied.

The Board has granted service connection for generalized anxiety disorder with secondary depressive disorder, NOS. The issue of entitlement to service connection for a bilateral knee disability is remanded for further action.

The Veteran's claim for an increased rating for his service-connected right knee disorder is being remanded due to the need for a new examination and consideration of additional evidence.

The Veteran's claim for a clothing allowance due to his service-connected knee condition is granted because the newer brace does not cause wear and tear on his clothing, while he continues to use his older brace at almost all other times.

The Board found no clear and unmistakable error in the October 1998 and May 1999 rating decisions, and denied reopening of the Veteran's claim for service connection due to lack of new and material evidence.

The Veteran was not found to be unemployable due to his service-connected disabilities during the period from January 31, 2007 to July 15, 2009. Despite missing some work days, he remained gainfully employed and capable of performing the physical and mental acts required by employment.

The Veteran's left knee disability prior to June 15, 2009 was manifested by painful limitation of motion but not loss of range of motion. The assigned 10% rating adequately reflects the severity and symptomatology.

The Board has determined that the Veteran's osteoarthritis of the right knee is caused by his service-connected ankle disabilities, and thus grants service connection for this condition.

The Veteran's claims of entitlement to service connection for left knee, right knee, and low back disabilities are being remanded due to the need for additional development.

The Board has remanded the case to obtain a thorough and contemporaneous medical examination for the Veteran's service-connected right knee disability, including assessing functional loss due to pain, flare-ups, weakness, fatigability, and incoordination. The claims will be readjudicated after this development.

The Veteran's right knee disability, characterized by pain, tenderness, stiffness, popping, and limited motion, does not meet the criteria for a rating in excess of 10 percent during the period from February 1, 2011, through March 2, 2015.

The Board finds that the Veteran's left knee disability, manifested by arthritis, and his residuals of bilateral foot injury, due to cold weather exposure, are related to service. The evidence is in relative equipoise as to these claims.