Knee decisions — 2015

The Board denied the Veteran's claims for an increased rating for his right knee disability and a temporary total rating for convalescence following surgery, finding that the criteria for these ratings were not met.

Your claim for service connection for a right knee disorder has been fully granted, and you are now entitled to the assigned rating.

The Board found that new and material evidence had not been received to reopen the claim for service connection for hypertension. Ratings were denied for the Veteran's left and right knee disabilities, with no rating assigned for his left ankle disability.

The Veteran's initial ratings for IBS, Allergic Rhinosinusitis, Major Depressive Disorder with Anxiety Disorder prior to December 9, 2010, and Hypertension have been granted. The Veteran is also entitled to a TDIU. Service connection has not been established for the respiratory condition, right knee disability, or hypothyroidism.

The Board has decided that the Veteran's claim of entitlement to service connection for a bilateral knee disability must be remanded due to insufficient medical evidence regarding the etiology of her condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's right knee disability is rated at 10 percent, and her major depressive disorder is rated at 70 percent. The TDIU claim was granted effective from May 1, 2010.

The Veteran's claims for effective dates prior to August 26, 2009 for the awards of service connection for various joint conditions have been denied as there is no evidence or correspondence in the record that was received prior to August 26, 2009 which could be construed as either a timely notice of disagreement and/or a CUE challenge to the rating decisions which assigned (in December 1973) and continued (in June 1999) the noncompensable rating for migratory arthritis of multiple joints.

The Board has granted service connection for a right knee disorder, finding that the current condition is related to an injury in service. The low back and shoulder disorders are not considered service-connected.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional VA treatment records, as well as any relevant private medical records.

The Veteran's appeal has been withdrawn by the appellant, resulting in dismissal of the case.

The Veteran's right femur impairment, which is not characterized by malunion or nonunion of the femur with slight knee or hip disability, does not warrant a rating higher than 10 percent.

The Veteran's claims for earlier effective dates for service connection and increased ratings have been denied as there are no pending claims of record prior to the dates granted, and the increase in disability was not factually ascertainable within a year prior to the date of claim.

The Board found no evidence of a current bronchitis disability and denied the Veteran's claim for service connection. The left knee condition issue is pending due to the need for additional development.

The Veteran's right knee conditions, including degenerative arthritis and instability, are currently rated at the maximum allowable under current VA rating criteria. He is not entitled to higher ratings for these conditions.

The Veteran's appeal is being remanded due to his failure to report for a scheduled hearing. The initial evaluations and compensable ratings for the left knee conditions are still pending.

The Veteran's service-connected DJD of the right knee is currently rated at 10 percent, and he has been granted a TDIU.,Service connection for folliculitis decalvans was withdrawn by the Veteran prior to the Board's decision.

The Veteran's left knee disability, including arthritis and meniscectomy, is rated at 30 percent since February 28, 2013. The rating for the arthritis with painful motion prior to that date remains unchanged.

The Board has determined that the Veteran's bilateral knee disability is a result of service and grants his claim for service connection.

The Veteran's claims for increased ratings and service connection were granted, with a 20 percent evaluation assigned for right knee instability effective December 19, 2013. The rating for DJD of the right knee was also increased to 20 percent prior to April 2, 2014, and to 10 percent thereafter.