Knee decisions — 2015

The Veteran's initial rating for his right knee disability was increased from 10 percent to 30 percent in July 2003. The Board has determined that this decision contained clear and unmistakable error (CUE), and the appeal is remanded to determine if a lower initial rating should be granted.

The Veteran's claims for increased evaluations and service connection were granted. He is now rated at 30 percent for his left big toe disability, with additional ratings for his right foot condition, low back disability, and right hip disability due to residuals of the hairline fracture.,New evidence submitted since the June 2002 rating decision has reopened his claims for service connection for knee disabilities. He is now rated at 30 percent for each knee disability.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's left knee chondromalacia with status post hemipatellectomy was rated at 10 percent prior to October 14, 2010 and is currently rated at 60 percent since that date.,The Veteran does not meet the criteria for a rating in excess of 10 percent for his left knee chondromalacia with status post hemipatellectomy prior to October 14, 2010. Since October 14, 2010, he is rated at the maximum schedular evaluation allowable.

The Veteran's left knee RPPS has been rated as 30 percent disabling since October 9, 2002. The combined rating for her left knee is now 30 percent due to separate ratings under Diagnostic Codes 5260 (flexion), 5261 (extension), and 5257 (instability). A compensable rating was not granted for painful scars associated with the RPPS.

The Veteran's sleep disability is rated at 20 percent, and his bilateral knee disabilities are each rated at 10 percent. The Board finds that these ratings do not warrant a higher rating based on the evidence of record.

The Board has determined that the Veteran's currently diagnosed left and right knee disabilities are due to service, specifically his in-service diagnosis of chondromalacia patella. As these conditions meet the criteria for presumptive service connection under 38 C.F.R. § 3.303(b), the claim is granted.

The Veteran's appeal is being remanded for further development, including VA examinations to determine the etiology of his left thumb condition and back condition. The issues of increased rating for right knee chondroplasty arthritis, postoperative scar, and PTSD are also being remanded.

The Veteran's claim for service connection for a bilateral knee disability is being remanded due to the need for clarification and additional medical opinions regarding his claimed conditions.

The Board has determined that additional development is needed to fully and fairly consider the appellant's claims for service connection for right and left knee disorders. This includes obtaining relevant VA medical records, contacting appropriate sources for National Guard service records, and scheduling a VA examination.

The Veteran's appeal for increased ratings and TDIU was granted. The Veteran is now entitled to a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's appeals regarding his service-connected right knee internal derangement, right clavicle fracture status post surgery, hypertension and scar, status post right clavicle surgery have been dismissed due to withdrawal of the appeals by the Veteran.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of her records, particularly related to her gynecological conditions, right thumb injury, left upper extremity disorder, bilateral knee disorders, and National Guard service.

The Board has restored the Veteran's 30 percent rating for right knee chondromalacia, finding that the reduction from 30 to 0 percent was not proper due to less full and complete VA examinations used as basis of reduction.

The Veteran's squamous cell carcinoma is related to his herbicide exposure in service, and the Board finds that the disorder is related to service. The Veteran's left knee disorder may be related to service as well.

The Board has granted a 10% rating for hypertension and restored the 50% rating for headaches. The claim for increased rating of low back strain with degenerative disc disease and sacroiliac joint osteoarthritis is denied. TDIU remains pending.

The Veteran's appeal is being remanded for additional examination and development, including a TDIU claim.

The Veteran's right knee condition, characterized by advanced degenerative joint disease and a meniscus tear, was found to warrant a 20 percent rating from October 1, 2006, to May 29, 2009.

The Veteran's right knee DJD resulted in noncompensable limitation of flexion and extension, but a separate compensable rating for lateral instability is granted.

The Veteran's left knee brace, prescribed for her service-connected left knee disorder, tends to wear and tear her clothing. The Board finds that the criteria for an annual clothing allowance for 2013 have been met.