Knee decisions — 2015

The Board has determined that the Veteran's arthritis of the left knee and right ankle had its onset in service, resulting in a grant of service connection for these conditions.

The Board denied service connection for a left knee disability, finding that the Veteran's pre-existing condition did not worsen during his active duty and was not aggravated by service.

The Board has granted the Veteran's claim for service connection of his right knee disability, finding that it is caused or permanently aggravated by his already service-connected left knee disability.

The Board found no evidence to support the Veteran's claim that his left knee disorder is related to service, including as secondary to a service-connected disability. The claim for higher rating of lumbosacral strain was remanded due to inadequate medical opinion.

The Veteran's right knee instability and postoperative residuals of a total right knee replacement are rated at 30 percent each, with the maximum schedular rating for these conditions. The Veteran is also granted a temporary total evaluation (100%) for one year following his November 2013 total knee replacement surgery.

The Board has determined that the Veteran does not have service connection for any of the claimed disabilities, as there is no evidence to support a finding of in-service incurrence or chronicity.

The Board has determined that the Veteran's low back and bilateral knee disabilities were not incurred or aggravated during service, and thus denied his claims for service connection.

The Veteran's bilateral knee disabilities have been granted increased ratings of 40 percent each, effective from the date of the decision.

The Board has ordered additional development due to the need for addendum medical opinions and retrieval of Social Security Administration records. The Veteran's claims will be reconsidered after these actions.

The Veteran's left knee disability warrants a 20 percent rating for lateral instability and a separate 20 percent rating for frequent episodes of locking, pain and effusion into the joint from June 1, 2009, to April 11, 2013, and June 1, 2013, to January 14, 2015.

The Veteran's right knee disability was rated at 10 percent for degenerative joint disease, effective May 3, 2004. The rating was increased to 10 percent for instability of the right knee as of May 29, 2010.

The Board has determined that the Veteran's current arthritis of the lumbar spine, bilateral knees and bilateral ankles are related to his military service. The left foot disability is also found to be related to service.

The Board found that the Veteran's right knee disability did not manifest in service or within one year of separation, and there is no competent evidence relating any current right knee disability to service. The preponderance of the evidence is against a finding that any knee injury occurred in service and resulted in any current disability.

The Board has remanded the case for additional development, including obtaining private treatment records and confirming service dates. The Veteran's left knee disorder and acquired psychiatric disorders are also to be evaluated.

The Board has determined that additional development is needed to determine the current severity of the Veteran's left knee disabilities and to obtain relevant medical records. The case will be remanded for these actions.

The Veteran's left and right knee chondromalacia patella are currently rated at 10 percent each, but the Board found that they do not meet or approximate criteria for a higher rating under Diagnostic Code 5257 (recurrent subluxation or lateral instability) due to lack of evidence of moderate or severe instability. The Veteran's range of motion is limited to no less than 110 degrees flexion, and he does not have additional loss of range of motion on repetitive use testing.

The Veteran's appeal was denied because he did not file a timely Notice of Disagreement (NOD) for the October 2009 rating decision regarding increased initial evaluations for his knee conditions and scars.

The Veteran's appeal is being remanded due to inadequate opinions regarding his knee disabilities and PTSD. The case will be sent back for further examination and opinion.

The Board has determined that the Veteran does not have current diagnoses of bilateral hearing loss or left knee disabilities, and therefore cannot establish service connection for these conditions.

The Board has remanded the case due to incomplete verification of periods of active service prior to November 2007 and a need for additional examinations to determine if current low back, neck, and knee disabilities are related to service.