Knee decisions — 2015

The Veteran's right knee disability has been rated at 10 percent since June 1, 2011. The Board finds that the evidence does not support a higher rating based on current functional impairment.

The Veteran's right knee disability is rated at 20% under the criteria for semilunar cartilage dislocation with frequent episodes of 'locking', pain, and effusion into the joint. The effective date remains August 23, 2012.

The Veteran's claim for an earlier effective date for a 30 percent evaluation of his right knee disability is pending and needs to be remanded due to the need for a videoconference hearing.

The Veteran's low back disability requires a brace which tends to wear or tear his clothing, warranting an annual clothing allowance for the year 2012.,The Veteran's right and left knee strains do not qualify for a clothing allowance as they are not service-connected disabilities.

The Board found that the Veteran's service-connected status post left TKR is manifested by subjective complaints of weakness and pain, without objective evidence of chronic residuals consisting of severe painful motion or weakness. Therefore, a rating in excess of 30 percent for this condition from July 1, 2009 was denied.

The Veteran's service-connected disabilities have resulted in the need for regular aid and attendance, warranting SMC based on aid and attendance. The other issues were dismissed as the Veteran withdrew them.

The Veteran's appeal is remanded due to inadequate development of his right knee disability, including the need for a new VA examination and obtaining all outstanding VA medical records.

The Board has determined that the Veteran's current right knee disability, diagnosed as DJD, is related to her military service and grants service connection for this condition.

The Board found that the Veteran's right knee and back disabilities were not caused or aggravated by his service-connected scar, residuals of a shell fragment wound of the right calf and ankle. The VA examiner concluded that there was no significant gait abnormality or leg length discrepancy to cause biomechanical abnormalities resulting from the service-connected disability, and that the arthritis in question is more likely due to age-related changes, occupational or sports-related activities, repetitive knee stresses or activities, obesity, lifestyle, and genetic factors.

The Veteran's degenerative joint disease of the bilateral knees and numbness of the left hand and fingers were not incurred or aggravated by active service, including as due to in-service herbicide exposure. The Board finds that there is no evidence linking these conditions to his military service.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation during the period prior to December 6, 2012.

The Veteran's claims for service connection and evaluations have been granted, with effective dates ranging from April 29, 2008 to May 13, 2009. The specific conditions include a left knee disorder, foot disorders (pes planus and hallux valgus), left eye disorder, acquired psychiatric disorder (depression), degenerative joint disease of the right knee, ankle tendinosis, gastroesophageal reflux disease, pseudofolliculitis barbae, and shoulder rotator cuff tear.

The Veteran's service-connected early degenerative changes, right hip and status post right knee medial meniscus tear with arthroscopic surgery are not rated higher due to the lack of additional limitation in range of motion or other compensable symptoms.

The Veteran has withdrawn his appeal for all issues currently on appeal, including those related to PTSD, fracture of the left fifth metatarsal, lumbosacral strain, chronic left knee strain, and residuals of right knee gunshot wounds and scars.

The Veteran has withdrawn his appeals for reopening a claim for service connection for tinnitus and for claims of bilateral knee disability and strokes. As such, the Board does not have jurisdiction to review these matters.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for right knee pain. Additionally, the Board finds that sleep apnea is related to his service-connected major depressive disorder.

The Veteran's appeal is being remanded to obtain an appropriate examination and determine his eligibility for special monthly compensation based on the need for aid and attendance or by reason of being housebound.

The Veteran's left knee disability is not manifested by severe painful motion or weakness, and there is no recurrent subluxation or lateral instability. The current rating of 30 percent adequately reflects the functional loss due to pain, limitation of motion, and weakness.

The Veteran's claims for diabetes mellitus, type II, subluxation of L4 (lumbar spine disability), right knee osteoarthritis, and left knee osteoarthritis were all denied as they are not related to military service.,All conditions first manifested years after service and are unrelated to military service; none are caused or aggravated by service-connected hypothyroidism and Hashimoto's thyroiditis.

The Board denied earlier effective dates for the Veteran's increased ratings for his scar disabilities, finding that no increase in severity was factually ascertainable between March 4, 2007 and May 18, 2007. The Board also found no informal claim prior to May 18, 2007.