Knee decisions — 2016

The Board denied the Veteran's claims for increased ratings for his left knee disability and residuals of lipoma excision, as well as his claim for TDIU. The Veteran's left knee disability was rated at 20 percent disabling under Diagnostic Code 5258, which is the maximum available rating for dislocated semilunar cartilage with frequent episodes of locking, pain and effusion into the joint. His residuals of lipoma excision were not shown to meet any compensable criteria under the applicable diagnostic codes.

The Board has remanded the case for further development, including obtaining medical records and information from Social Security Administration.

The Board denied a disability rating in excess of 20 percent for the Veteran's degenerative disc disease of the cervical spine, finding that his impairment was analogous to forward flexion greater than 15 degrees without spinal ankylosis or prescribed bed rest.

The Veteran's appeal is for an increased evaluation for his left knee disability, which has been rated at 10 percent. The VA determined that the evidence does not support a higher rating based on limitation of motion.

The Board has granted a rating of 20 percent for instability associated with right and left knee degenerative joint disease, effective from the date of the decision.

The Veteran's gouty arthritis is rated at 60 percent, effective July 23, 2001. The RO denied the request to restore separate ratings for bilateral knee chondromalacia and right foot arthritis with hammer toe.

The Veteran's claim for a right ankle disability, allergic rhinitis, arthritis of the left leg, and an acquired psychiatric disorder were all denied as there is no current diagnosis of these conditions. The TDIU claim was also not addressed.

The Board has ordered a remand for an addendum opinion regarding whether the Veteran's service-connected pes planus aggravated his bilateral knee disability. The case is now being returned to the AOJ for further development.

The Veteran's service-connected residuals of fracture of the right tibia and fibula are rated at 30 percent, which is not sufficient to grant a rating in excess of this amount.

The Veteran's appeal for a compensable rating for blepharitis was withdrawn at his Board hearing. The Veteran's service-connected hemorrhoids are currently rated as noncompensable.,The Veteran's service connection claims for anthrax shots and bilateral hearing loss were also withdrawn at his Board hearing.

The Veteran's PTSD has not met the criteria for a higher rating, and his TDIU claim is also denied.

The Veteran's claims for increased ratings for his service-connected left and right knee chondromalacia patellae were denied by the RO, as there was no evidence of dislocation or instability warranting a higher rating.

The Board found that there is no current diagnosis of a bilateral ankle disorder and denied the Veteran's claim for service connection. The left knee disorder was not addressed in this decision.

The Board has determined that the Veteran's right knee disability was incurred during his first period of active service, and therefore grants service connection for a right knee arthritis.

The Veteran's service connection claims for various conditions were granted, with specific evaluations assigned. The lumbar spine condition was initially evaluated as not meeting the criteria for a higher evaluation prior to February 17, 2011 and from August 16, 2011 onwards. For cervical spine disability, initial compensable evaluation was denied prior to August 16, 2011 but granted at 20 percent thereafter. The left shoulder condition received a compensable evaluation starting from August 16, 2011. Right knee and benign prostatic hypertrophy conditions were initially evaluated as non-compensable. Right-side sciatica was evaluated as moderately severe since January 27, 2015. Hemorrhoids did not meet the criteria for a compensable evaluation.

The Veteran's sinusitis, irritable bowel syndrome, and chronic fatigue syndrome have been found to be service-connected.,Right hip disability is also service-connected as secondary to his service-connected knee disabilities.

The Veteran's claim for a rating in excess of 20 percent for osteoarthrosis of the left knee, status post arthroscopic surgery for medial and lateral meniscectomy with scars is being remanded due to additional development needed.

The Veteran's right knee disability, characterized by painful motion and slight instability, does not warrant a rating in excess of 10 percent. A separate 10 percent rating is assigned for left knee instability.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for a left knee disability, thus denying the Veteran's request.

The Veteran's claims for service connection for tinnitus, liver disorder, and various knee disabilities have been granted. The Veteran is also entitled to an initial compensable rating for his septoplasty.