Knee decisions — 2016

The Veteran's shin splints and knee conditions have been evaluated as 10 percent disabling, but the Board finds that his symptoms do not warrant a higher rating based on current evidence.

The Board found that the appellant does not suffer from a ratable bilateral knee disorder and denied his claim for service connection.

The Veteran's service-connected disabilities, including valvular heart disease with mitral stenosis, right knee replacement, degenerative arthritis and chondromalacia of the left knee, and bilateral pes planus, have rendered him in need of regular aid and attendance. The Board has granted special monthly compensation based on this need.

The Veteran's right elbow disability is rated at 50 percent since September 13, 2012. The right knee and left knee disabilities are each rated at 10 percent.

The Veteran's appeals for service connection for left and right knee osteoarthritis have been dismissed due to the death of the Veteran while his appeal was pending.

The Board has granted the extension of a temporary total rating based on convalescence following left knee surgery from September 1, 2007 to January 31, 2008. The issue remains in appellate status and will be remanded for consideration by the Veterans Service Center Manager.

The Veteran's appeal was denied as his conditions did not warrant a rating in excess of the current 10 percent for left knee DJD with past left knee scope and instability.

The Veteran's right knee disability is rated at 60 percent since April 1, 2009. Service connection for a seizure disorder secondary to service-connected traumatic brain injury (TBI) has been granted.

The Veteran is entitled to TDIU from May 3, 2013 due to his service-connected cyclothymic disorder. Special monthly compensation was granted effective July 6, 2015.

The Veteran's right knee patellofemoral syndrome has been rated at 10 percent since July 21, 2015. The Veteran's bilateral pes planus disability was increased to a 30 percent rating effective July 21, 2015.,Both conditions have remained stable and continue to be rated under the appropriate diagnostic codes.

The Board has determined that an effective date prior to June 8, 2009 is not warranted for the grant of service connection for degenerative joint disease of the right shoulder, right knee, left knee, and tinnitus.

The Veteran's appeal is being remanded for additional development, including VA examinations and the provision of copies of recent SSOCs to his representative.

The Veteran's claims for service connection for a neck disorder and bilateral knee disorder were denied. For the period on appeal prior to September 3, 2013, his claim for an increased rating for lumbar DJD and DDD was also denied. His claim for a compensable rating for pes planus was also denied.

The Board has determined that the Veteran's respiratory disorder, to include allergic rhinitis and sinusitis, did not have its onset during active service or is otherwise related to service. The claim for a left knee disorder was remanded due to inadequate examination.

The Veteran's claims for increased evaluation of left total knee arthroplasty and TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran is entitled to a rating of 60 percent for residuals of a right total knee arthroplasty from December 1, 2010.

The Veteran is entitled to a TDIU since January 13, 2003, due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.

The Board denied the Veteran's claim for an earlier effective date prior to February 19, 2010 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The appeal is dismissed as moot because the Veteran was already in receipt of maximum benefits during the period from December 19, 2005 through January 31, 2007.

The Board has determined that the Veteran's bilateral knee disorders are not related to his service-connected degenerative disc disease of the lumbar spine.

The Board has granted service connection for a right ring finger scar and a left knee disability, both related to the Veteran's active duty training (ACDUTRA) in the Marine Corps. The maximum rating of 10% is assigned for each condition.