Knee decisions — 2016

The Board has decided to remand the case for additional development, including a new VA examination and notification of secondary service connection requirements.

The Board granted a 30 percent rating for the left knee disability, effective from August 1, 2007. The Veteran's calcaneal spurs were rated as noncompensable.

The Veteran's claims for increased evaluations of his service-connected muscle tension headaches, neurological complications of the lumbar strain with degenerative disc disease and intervertebral disc disease, radiculopathy of the lower extremities, left knee strain, right knee strain, left knee strain with degenerative arthritis, and right knee strain with degenerative arthritis have all been denied. The Veteran is currently receiving the maximum schedular evaluation for his muscle tension headaches.

The Veteran's service connection claims for obstructive sleep apnea, right and left knee disorders, hip pain, and ankle disabilities have been granted. Separate ratings of 10 percent each are assigned for the right and left knee disorders.

The Veteran's claim for an earlier effective date for the grant of a temporary total rating due to left knee arthroplasty is denied as there is no legal basis for such a determination.

The Veteran's appeal is being remanded for further development to assess the current severity of his service-connected disabilities and their impact on his ability to secure or maintain gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient records and scheduling the Veteran for an orthopedic examination.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and issuance of an SOC on several issues. The claims of service connection for acquired psychiatric disorder, right knee arthritis, left knee arthritis, lumbar spine disability, and bilateral hip disability are currently before the Board.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his service-connected bilateral hearing loss and bilateral knee instability.

The Board granted service connection for a deviated nasal septum, status post septoplasty, with residuals including weakness in the vestibule of the nose and lower lateral cartilage collapse on inhalation. Service connection was also granted for left knee disability, to include patellofemoral syndrome and postoperative residuals of a torn medial meniscus. The temporary total rating based on convalescence following left knee surgery in March 2010 is denied.

The Veteran's claims for service connection were denied due to lack of verified stressors and in-service manifestations. New evidence received since the last denial does not provide a new or material basis for reopening these claims.

The Veteran's appeal was withdrawn due to his request to withdraw the appeal regarding left ankle, back, bilateral hearing loss, and tinnitus issues. The Board did not have jurisdiction to review these issues as they were dismissed.

The Veteran is granted a 10 percent disability rating for right knee chondromalacia, effective from the date of the decision. The appeal was resolved in favor of the Veteran.

The Veteran's claim for a higher rating for residuals, dislocation of proximal interphalangeal joint, right middle finger with osteoarthrosis is granted. The disability has been rated as noncompensable under Diagnostic Code 5229 and the current evaluation is increased to 10%.

The Board has raised questions about the exact nature and etiology of the Veteran's cervical, lumbar spine, and right knee disabilities. The case is being remanded for further development to clarify these issues.

The Veteran's appeal is being remanded due to the need for a supplemental statement of the case regarding his claim for an initial rating in excess of 10 percent for degenerative changes of the right knee, and a statement of the case must be issued with respect to whether new and material evidence has been received to reopen his claim for service connection for a back disorder.

The Veteran's service-connected disabilities, while significant, do not render him unemployable as he is capable of performing the physical and mental acts required by employment.

The Veteran's appeal for a compensable rating for pseudo folliculitis barbae has been withdrawn. The remaining issues of increased disability evaluation for right knee disability and service connection for left knee disability are remanded for additional development.

The Board has reopened the Veteran's claims for service connection for right knee and low back disabilities based on new evidence showing aggravation during active duty.,Service connection is granted for a right knee disability due to permanent aggravation in service. Service connection is also granted for a low back disorder, as the evidence supports a finding that it was incurred or aggravated by military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of fault on the part of VA in the May 2006 right knee replacement surgery, and his current disability is reasonably foreseeable.