Knee decisions — 2016

The Veteran's claim for an earlier effective date for his increased rating was denied as the evidence did not show a formal or informal claim prior to February 10, 2009. The surgery that led to the increase in disability occurred on July 30, 2007, but no VA records from this period were found.

The Veteran's left knee degenerative arthritis has been manifested by objective evidence of arthritis, flexion limited to no less than 90 degrees. The Board denied a rating in excess of 10 percent for the condition.

The Board has determined that the Veteran's bilateral knee conditions are not related to his military service and have denied his claims for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling VA examinations to assess the severity of his service-connected type II diabetes mellitus, right foot plantar fasciitis, and right knee disabilities.

The Veteran's claims for increased ratings for his service-connected left leg disabilities were denied. The residuals of a fractured tibia and fibula with shortening of the left leg, peroneal nerve damage, and osteoarthritis of the left knee joint have not been productive of ankylosis or other disabling conditions warranting higher ratings.

The Board finds that the preponderance of the evidence fails to demonstrate any current residuals related to the Veteran's right mandibular angle fracture, and thus service connection for this condition is denied. The claims for service connection for a right knee disorder and a psychiatric disorder are remanded for further development.

The Board found that the residuals of a right knee injury, status post medial plica repair, more nearly approximated the criteria for a 20 percent disability rating under Diagnostic Code 5258 (dislocated semilunar cartilage) than the criteria for a 10 percent disability rating under Diagnostic Code 5259 (symptomatic removal of semilunar cartilage).

The Veteran's appeal is being returned to the AOJ for scheduling a videoconference hearing. The issues of entitlement to a higher rating for right knee disability and service connection for neck disability are pending.

The Veteran's claims for service connection for headaches, increased rating for traumatic arthritis of the lumbosacral spine, and separate evaluation for limitation of motion (left knee) were denied. The Veteran was granted a noncompensable rating for traumatic arthritis of the lumbosacral spine prior to November 20, 2015, and a 10 percent rating thereafter.

The Board found that the Veteran's bilateral knee and right hip disorders did not have their onset in service, are not otherwise related to service, and are not shown to be caused by or aggravated by his service-connected spondylosis, L-5 vertebra, with degenerative disc disease at L4-5 and L5-S1.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after rescheduling the hearing.

The Veteran's claims for increased evaluations and a temporary total evaluation based on service-connected disabilities have been denied as the evidence does not support the need for such evaluations.

The Veteran's appeal has been dismissed as the Veteran withdrew his appeal through his authorized representative.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his right and left knee disabilities. The issues of entitlement to service connection on secondary basis for obesity (due to lack of mobility caused by knee pain) are referred back to the RO/AMC.

The Veteran's combined rating for right knee disabilities is denied, and he remains rated at 40 percent overall. The left knee disability continues to be rated at 10 percent. The right thumb disability does not warrant a compensable rating. His service-connected conditions do not render him unemployable.

The Board denied the Veteran's claims for service connection for ischemic heart disease, increased ratings for various disabilities, and entitlement to automobile or other conveyance and adaptive equipment. The issues are being remanded for further development.

The Board finds that the Veteran's current bilateral knee degenerative joint disease, status post knee replacement, is related to his period of service and grants the claim for service connection.

The Veteran's appeal includes multiple issues related to his prostate cancer, hearing loss, tinnitus, erectile dysfunction, sleep disorder, arthritis, left knee condition, and acquired psychiatric disorder. The Board has remanded the case for additional development.

The Board has remanded the case for additional development, including scheduling a VA examination to assess the current severity of the Veteran's left knee disability and obtaining all outstanding VA treatment records.

The Board has determined that the Veteran's current bilateral knee osteoarthritis is related to his service, as evidenced by continuous symptoms since separation from active duty. Service connection for this condition is granted.