Knee decisions — 2016

The Veteran's appeals for increased evaluations for osteoarthritis of the right and left knees have been dismissed as he has requested to withdraw his appeal.

The Veteran's appeal is being remanded for additional development of his knee and PTSD claims, including obtaining medical records from a private chiropractor and arranging for VA examinations.

The Board has determined that the Veteran's low back disorder is aggravated by his military service, and thus grants service connection for this condition. The left knee disorder claim will be remanded as it was not addressed in the decision.

The Veteran's claim for SMC based on the need for regular aid and attendance was denied as he did not meet the schedular criteria for such benefits.

The Veteran's left and right knee disabilities have been rated at 10 percent each since February 4, 2013. The right hand disability has been granted a compensable rating.

The Veteran seeks increased ratings for his right knee disability and TDIU based on service-connected disabilities. The case is being remanded to obtain additional medical records, schedule the Veteran for a VA examination, and refer the issue of TDIU under 38 C.F.R. § 4.16(b) to the Director of Compensation.

The Board denied the Veteran's claims for increased ratings for her low back disorder, right and left knee disabilities, and left hip arthritis. The Veteran was not granted service connection for sleep apnea or hypertension as secondary to service-connected conditions.

The Veteran's left knee chondromalacia patella has been manifested by complaints of pain and stiffness with flexion limited to 110 degrees at worst, and extension limited to 0 degrees at worst. The Board found that the criteria for a rating in excess of 10 percent have not been met.

The Veteran's left knee disability, including instability and range of motion limitation, is currently rated at 10 percent under the appropriate diagnostic codes. The Veteran's painful or unstable scar on his left knee also warrants a separate 10 percent rating.

The Board has remanded the claims of PTSD, right knee disability, and eczema for additional development. The Veteran must be provided with a statement of the case on these issues.

The Veteran's right and left knee disabilities have been rated at the highest available rating of 20 percent each, effective from October 10, 2008.

The Veteran's service-connected migraine headaches, patellofemoral syndrome of the right knee, laxity and instability of the right knee, patellofemoral syndrome of the left knee, laxity and instability of the left knee, and gastroesophageal reflux disease (GERD) have been granted initial disability ratings in excess of 10 percent. The effective date is not specified.

The Board found no evidence to support a service connection for shrapnel wounds of the right knee, concluding that there is insufficient medical evidence linking the current condition to an in-service injury.

The Board has determined that the Veteran's right knee replacement residuals are related to his in-service injury, and thus service connection is granted. However, there is no evidence linking any current left shoulder disability to service.

The Board has granted the Veteran's claim to reopen his service connection for bilateral knee osteoarthritis and secondary service connection for degenerative joint disease of the lumbosacral region. The heart disability and bilateral hearing loss disability claims were dismissed due to withdrawal by the Veteran.

The Veteran seeks service connection for various conditions, including knee and ankle disabilities. The Board finds that some of these claims are based on secondary theories of entitlement to the right knee disability. The appeal is therefore considered 'mixed' as it includes both granted and denied issues.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Veteran's left knee disability was rated at 40 percent from March 1, 2009 to March 17, 2013 and increased to 60 percent effective March 18, 2013. The PTSD rating remained at 30 percent.

The Board has granted initial 10 percent disability ratings for the Veteran's right and left knee chondromalacia throughout the appeal period.

The Board has granted increased initial evaluations for various spinal and joint disabilities, but denied service connection for hypertension and sinusitis.