Knee decisions — 2016

The Board has granted an initial disability rating of 20 percent for right knee meniscal disability, effective September 1, 2010. The Veteran's right knee arthritis is rated at 10 percent.

The Veteran is eligible for special monthly compensation under 38 U.S.C.A. § 1114(s) since April 11, 2011 due to his unemployability and the combined disability rating of his remaining service-connected disabilities.

The Veteran's PTSD warrants an initial rating of 70 percent from November 20, 2007 through August 13, 2008 due to occupational and social impairment with deficiencies in most areas.

The Veteran's service-connected right knee disability renders him unable to secure and follow a substantially gainful occupation, consistent with his occupational experience and background. Therefore, the Board grants entitlement to a TDIU on an extraschedular basis.

The Board has remanded the case for further development due to the Veteran's inability to attend a VA examination. The claim will be reconsidered after the additional development is completed.

The Veteran has withdrawn all issues on appeal, including the reopening of a claim for osteoarthritis of the bilateral knees and claims for hearing loss, tinnitus, major joints, and lumbar spine.

The Board is remanding the case for additional development, including obtaining relevant medical records and providing due process notice regarding reopening a previously denied claim.

The Veteran's right knee degenerative joint disease with meniscus tear is rated at 20 percent prior to December 27, 2011.,The Veteran's left knee degenerative joint disease with meniscus tear and instability are each rated at 10 percent from October 2, 2012, through December 31, 2012.

The Veteran has withdrawn his appeals for initial compensable ratings for hearing loss and higher initial ratings for right knee disability. As a result, the claims are dismissed.

The Board has determined that additional development is needed to verify the appellant's complete military service, obtain relevant medical records, and provide a VA examination for his left knee disorder. The case will be returned to the AOJ after these actions are completed.

The Board is considering whether new and material evidence has been presented to reopen claims for service connection for various conditions, including bilateral knee disability, cervical condition with neuropathy, headaches, and bilateral hearing loss. The Veteran's previous claims were denied in October 1999, March 2006, and November 2006.,The Board is evaluating whether new evidence has been submitted to reopen these previously denied claims.

The Veteran withdrew his appeals for increased ratings involving bilateral hearing loss and his right and left knee disabilities prior to the Board's decision.

The Veteran's residuals of a right patella fracture, including traumatic effusion and patellar grinding, are found to be related to service. The Board is granting service connection for this condition.

The Veteran's cervical spine disability has not been shown to be related to service. The claims for bilateral hip and ankle disabilities have no evidence of current conditions during the appeal period. Service connection is denied.

The Board has determined that the Veteran's bilateral knee disability, diagnosed as degenerative osteoarthritis with associated degenerative meniscal tear of the right knee with parameniscal cyst formation and degenerative osteoarthritis of the left knee, medial compartment with associated varus, was incurred in active service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the receipt of new evidence, which requires a VA examination. The issues will be reconsidered after the examination.

The Veteran's left knee disability has been evaluated at a 10 percent rating since August 1999. The most recent VA examination found no additional limitation in range of motion after repetitive use, and the Veteran does not have instability or subluxation. Therefore, an increased rating is denied.

The Board has determined that the Veteran's right and left hip osteoarthrosis, as well as his bilateral knee disabilities (including medial meniscus tear), and tinnitus are all directly related to service. The Veteran's claims for these conditions have been granted.

The VA denied the Veteran's claims for increased evaluations for his right knee patellar tendonitis and right ankle degenerative joint disease, as there is no evidence showing that these conditions result in limitation of motion to a degree warranting higher ratings.,VA found that the Veteran’s symptoms do not meet or approximate the criteria for an evaluation in excess of 10 percent for either his right knee patellar tendonitis or right ankle degenerative joint disease.

The Board found that the Veteran's right knee disability did not have its onset in service and is not otherwise related to service. The VA examiner opined that it was less likely than not caused by or aggravated by his service-connected left leg and knee disabilities.