Knee decisions — 2016

The Veteran's right knee degenerative joint disease and obstructive sleep apnea, hypertension, and TMJ disorder are service-connected. The Veteran is granted initial ratings of 10 percent for these conditions.

The Veteran sustained a right knee fall as a result of instability following her total knee replacement, which was not reasonably foreseeable. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 are met.

The Veteran's appeal has been withdrawn and is dismissed due to the withdrawal of his claims by his representative.

The Veteran's DJD of the left knee is currently rated at 30% from October 1, 2015. The claim for an extension of a temporary 100% rating for DJD of the right knee post total knee arthroplasty with patellar resurfacing beyond July 31, 2013 is moot.

The Board has determined that additional development is necessary before the claims can be decided on their merits.

The Board has remanded the claims for additional development due to incomplete records and requests for private medical records.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further action.

The Veteran's claim of entitlement to a compensable rating for his left knee disability is being remanded due to the failure to schedule an examination and obtain relevant records.

The Veteran's left knee disability, diagnosed as osteomalacia, has been rated at 40 percent since June 15, 2012. The rating is based on the current functional limitations and arthritis in the joint.

The Veteran's left shoulder arthritis is not related to service, but rather to a post-service work injury.,There is no evidence linking the current left hip pain to any period of service. The Veteran's current left hip pain is more likely due to smoking and obesity.

The Board has determined that the Veteran's service-connected residuals of ventral hernia and patellar bursitis, right knee do not warrant a higher disability rating under the applicable VA rating criteria.

The Board found that the Veteran's current right knee arthritis does not relate to service and his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's left knee disability is currently rated as 10 percent disabling due to painful motion with flexion limited to no less than 125 degrees and extension at 0 degrees. The right eye disability is currently rated as non-compensable.

The Board has determined that the Veteran does not have a current right knee disability or varicose veins of the left lower extremity and/or left thigh nerve damage. The VA examiner concluded these conditions are less likely than not incurred in or caused by an in-service injury, event, or illness.

The Veteran's left knee disability is productive of pain, flexion to 105 degrees, extension to 0 degrees, slight instability, and locking. The criteria for an evaluation in excess of 10 percent for osteoarthritis of the left knee based on pain and limitation of motion have not been met on a schedular basis. The criteria for an evaluation of 10 percent for left knee instability have been met on a schedular basis. The criteria for an evaluation of 20 percent for left knee disability productive of locking have been met on a schedular basis.

The Board has determined that the Veteran's bilateral knee disabilities are service-connected and have rendered him unable to obtain and maintain substantially gainful employment, warranting a TDIU.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination with an industrial/occupational specialist to address the combined effects of the Veteran's PTSD and left knee disability on his employability.

The Board found that the Veteran's current right leg disabilities are not related to his service and denied his claim for service connection.

The Veteran's left knee DJD was rated at 20% from December 30, 2008 through May 5, 2015. Since May 6, 2015, the Veteran has been rated at 40%. The hearing loss disability remains noncompensable. The Board granted a TDIU based on the combined rating of service-connected disabilities.

The Board has remanded the case due to unavailability of service treatment records and for additional development.