Knee decisions — 2015

The Board denied service connection for various conditions, including psychiatric disorders, diabetes mellitus, retinopathy, knee and back disorders, hypertension, genitourinary issues, skin conditions, arthritis, traumatic brain injury, fibromyalgia, Reiter's syndrome, autoimmune disorder, hand and elbow disorders, and kidney problems. The decision also denied a temporary total rating for convalescence purposes due to right thumb fracture.

The Board has reopened the claim for service connection for a back disability and granted a rating of 60 percent for right total knee replacement due to degenerative joint disease. The scar, status post right total knee replacement, is rated at 10 percent.

The Board has determined that the appellant's left knee disorder, diagnosed as degenerative changes, is as likely as not related to his active duty service and grants service connection for this condition.

The Veteran's claims for service connection are being remanded due to the need for additional medical examination and development of records.

The Veteran's lumbar spine disorder was service-connected on August 13, 2007. Effective dates for the left and right knee disorders were established in July 2009, while an effective date of July 23, 2012, was assigned for his psychiatric disorder.,The Veteran's lumbar spine disorder is presumed to have manifested during service.

The Veteran's service-connected knee disabilities have been rated based on their instability and limitation of motion. The current ratings for the right knee are increased to 20 percent effective May 31, 2011, while those for the left knee remain at 10 percent until August 1, 2014, when they were increased to 30 percent.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine, left knee fracture with degenerative joint disease, and chronic left quadriceps muscle strain were all granted initial compensable evaluations.,Subsequent to these grants, the Veteran was awarded increased ratings for his service-connected disabilities.

The Board found that the Veteran did not have a diagnosed disease of the legs and knees, to include arthritis in either knee joint, for purposes of accrued benefits.

The Board found that the Veteran did not have chronic varicose veins symptoms in the right leg during service or after separation, and thus denied service connection for varicose veins of the right lower extremity.,The Board also found that there were no chronic left knee symptoms within one year after service separation, and thus denied service connection for a left knee disability (specifically arthritis).

The Board has determined that service connection is not warranted for the Veteran's current arthritis of the neck, back, shoulders, hands, knees, and ankles as there is no evidence of a chronic condition in or within one year following service.

The Board has determined that the Veteran's right knee cartilage loss and DJD, status post total knee replacement, is at least as likely as not related to an in-service right knee injury.

The Veteran's claim for an increased rating for his left knee disability was denied as the evidence did not show that his condition warranted a higher rating than the current 20 percent assigned under DC 5258.

The Board has determined that the Veteran's current right knee disorder is not related to his period of service and therefore denied his claim for service connection.

The Veteran's left knee disability was rated at 20 percent prior to January 28, 2015. Beginning July 30, 2014, the Veteran had limitation of flexion to 45 degrees and a separate 10% evaluation for this condition.

The Board has vacated its May 2015 decision and remand due to the Veteran's death, and dismissed the appeal as moot.

The Board granted service connection and assigned a 10 percent rating for cholinergic urticaria, effective from the date of the decision. The ratings for right knee musculoligamentous strain, right shoulder strain (major extremity), and right ankle sprain remain unchanged.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the Veteran's tinnitus and reviewing the service connection claims. The decision on these issues will be reconsidered based on the newly obtained evidence.

The Board has determined that the Veteran's claimed disabilities are not related to his active service, and therefore denied all of his claims.

The Board found no evidence of a chronic knee disability during service or until many years after discharge, and thus denied the claim for service connection for degenerative joint disease of the knees. For hepatitis C, there was no in-service diagnosis or exposure to known risk factors, and the Veteran's current condition is not related to his military service.

The Veteran's claims for increased evaluations of PTSD and degenerative changes of the lumbar spine have been granted, but she does not meet the criteria for a higher evaluation under the applicable rating schedule.