Knee decisions — 2015

The Board has determined that the reduction of the disability rating for residuals of right knee surgery from 30 percent to 10 percent, effective December 18, 2012, was proper. The Veteran's residuals of right knee surgery have resulted in no more than flexion limited to 80 degrees and extension limited to 5 degrees. The Board also determined that the criteria for a disability rating higher than 10 percent for right knee instability have not been met for any period on appeal. The criteria for a disability rating higher than 10 percent for hypertension have not been met for any period on appeal.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, obstructive sleep apnea, asthma/asbestosis, skin cancer, foot skin disorders, left knee arthritis, traumatic arthritis of the lumbar spine, and arthritis of other joints (excluding the left elbow). The reasons provided are that there is no evidence linking these conditions to service or secondary to any service-connected disability.

The Veteran's claims are being remanded for additional development, including obtaining new VA examinations to assess the severity of his bilateral knee conditions and back condition.

The Board has determined that the Veteran's bilateral knee disorder is not related to his military service and cannot be considered secondary to his service-connected low back strain.

The Veteran's claim for service connection for a right knee disorder was denied. The Board also granted an initial rating of 10% for left lower extremity radiculopathy, effective from November 9, 2005 to May 8, 2011, and increased the rating to 20% thereafter.

The Veteran's claim for an increased rating for his service-connected right knee disability was denied. The RO found that the evidence did not support a higher evaluation prior to December 16, 2013 and from December 16, 2013 onwards.

The Board has remanded the claims for additional development due to inadequate medical opinions and incomplete VCAA notice.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, as well as any outstanding SSA records. The AOJ will issue an SSOC on the issues of service connection for xerosis cutis, higher ratings for right elbow supination/pronation impairment, left elbow supination/pronation impairment, scars (x3) status post-right knee surgery, carpal tunnel syndrome of the right wrist, entitlement to a TDIU rating, and waiver of recovery of an overpayment of disability compensation benefits.

The Board has determined that the Veteran's current left knee disability, including meniscal tear and osteoarthritis with instability, is caused by his service-connected right knee, right hip, and lumbar spine disabilities. Therefore, the claim for service connection for this condition is granted.

The Veteran's appeal is being remanded due to the need for additional medical opinions on the issue of secondary service connection for his right knee disability.

The Veteran withdrew his appeal for the issues of entitlement to an initial rating in excess of 30 percent for PTSD with substance abuse and dependency and entitlement to an initial rating in excess of 10 percent for left knee degenerative joint disease prior to the Board's decision.

The Board denied service connection for a postoperative left knee disability and denied increased ratings for external hemorrhoids and GERD. The Veteran's pre-existing left knee condition was not aggravated by his active duty service.

The Board has determined that the evidence is in equipoise as to whether the Veteran's lumbar spine and left knee conditions are related to service, leading to a grant of service connection for these conditions.

The Board has determined that the Veteran's current back, right knee, left knee, and burn to the hand conditions are related to his in-service combat injuries. As a result, service connection is granted for all four conditions.

The Veteran's claim for an earlier effective date for the grant of service connection for left knee degenerative joint disease is dismissed as he did not file a notice of disagreement with the effective date.

The Board has determined that there is no current diagnosis of a right knee disability and therefore, service connection for this condition cannot be granted.

The Veteran's right total knee replacement has been rated at 30 percent since March 1, 2007. The Board found that the current rating adequately reflects his level of impairment.

The Board has determined that the Veteran's bilateral knee and hip disabilities are not service connected, as there is no evidence of a chronic disability in service or continuity of symptoms since service. The current diagnoses are attributed to normal wear and tear.

The Board has ordered the Veteran to provide treatment records from Dr. R. Schafer, and if warranted by the evidence of record, a VA examiner should be requested to review the claims file and provide an opinion on whether any current left or right knee disability is related to service.

The Board has remanded the case for further development and consideration of the Veteran's claim for TDIU, including obtaining VA vocational rehabilitation records and conducting a Social Industrial Survey to assess her employability.