Knee decisions — 2016

The Board denied service connection for venereal disease, asbestos exposure residuals, bilateral eye disability (macular degeneration), right knee disability, and back disability as the evidence did not show these conditions were present during the pendency of the claim.

The Board has denied the Veteran's claims for increased ratings for his left knee and right ankle disabilities, finding that the evidence does not support a higher rating based on current symptoms.

The Board has remanded the claim due to the need for additional development, including obtaining VA treatment records from May 2013 to February 2014 and ensuring all pertinent VA records are associated with the claims file.

The Veteran's claims of service connection for an acquired psychiatric disability, left knee disability, and lumbar spine disability were granted. The Veteran was also awarded a higher rating for her residuals of traumatic brain injury (TBI) and migraine headaches.

The Board has determined that the Veteran's right shoulder, right ankle, and right knee disabilities are not service-connected as they did not manifest during or within one year after service. The VA examiners found no evidence of aggravation beyond expected progression.

The Veteran's appeal for higher initial disability ratings for left knee tendonitis and degenerative joint disease of the lumbar spine was denied. The Board found that the evidence did not warrant a higher rating based on limitation of motion or other diagnostic codes.

The Veteran's right and left knee degenerative joint diseases are rated at 10 percent each, which is the maximum rating available under VA regulations.,The Veteran's GERD was initially rated as noncompensably disabling prior to May 7, 2009, and has been rated at 10 percent thereafter.

The Board has remanded the claims of service connection for low back and right knee disabilities due to outstanding workmen's compensation records and private treatment records.

The Veteran's claims for increased ratings of dislocation of the right shoulder, medial meniscus tear and osteoarthritis of the right knee, and hypertension have been denied. The RO found that the evidence did not support a rating greater than 20 percent for dislocation of the right shoulder prior to October 18, 2011, and 40 percent thereafter. For medial meniscus tear and osteoarthritis of the right knee, the Veteran's symptoms have been limited to extension functionally limited to not less than 90 degrees and extension limited to not more than 0 degrees. For hypertension, the evidence did not support a rating greater than 10 percent.

The Veteran's right knee disability, including arthritis confirmed by x-ray with painful limited motion, warrants a 10 percent rating. The Board denied an initial rating in excess of 10 percent for the right knee disability and did not grant separate ratings for arthritis.

The Veteran's left knee disability did not meet the criteria for a higher rating from March 9, 2005 to March 28, 2007 and from March 29, 2007 to December 6, 2007.,The Veteran's right knee disability did not meet the criteria for a higher rating from March 9, 2005 to October 11, 2006 and from December 1, 2007 to March 20, 2009.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and a claim for increased rating for right knee tendonitis.

The Veteran's migraine headaches are found to be related to service, and the claim for service connection is granted.,The Veteran's acquired psychiatric disorder other than PTSD (including panic disorder with agoraphobia) is found to be related to service, and the claim for service connection is granted.,The Veteran's residuals of a fractured nose to include sinusitis are found to be related to service, and the claim for service connection is granted.

The Veteran's right knee disability, including degenerative joint disease and surgical scars, has been rated at 10 percent since the period prior to October 24, 2015.

The Veteran's TDIU claim is granted from April 18, 2011 to July 12, 2013. The Board also dismissed the remaining claims for higher ratings and service connection.

The Veteran's appeal is remanded due to an increase in his left knee disability, and a more updated examination is needed to determine the current severity of his condition.

The Board has remanded the claims for increased ratings due to procedural issues and further development is needed.

The Veteran's bilateral knee disabilities have been rated based on the severity of his symptoms and range of motion. The left knee has been rated as 10 percent disabling since November 2012, while the right knee remains at a non-compensable rating.

The Board has granted service connection for low back and bilateral hip disabilities as secondary to the Veteran's service-connected right knee disability. The effective date of this grant is February 19, 2015.

The Board has remanded the case for further development, including obtaining updated VA treatment records and any missing documents from SSA benefits. The Veteran's claims will be reconsidered after this additional development.