Knee decisions — 2016

The Veteran's left knee chondromalacia and mild degenerative joint disease are currently rated at 10 percent, which is the maximum schedular rating available. The Board finds that a higher evaluation is not warranted as there is no evidence of limitation of motion or instability warranting an increased rating.

The Veteran's SMC based on aid and attendance for his service-connected disabilities, including right knee injury, chondromalacia of the left knee, and lumbar spine disability, was granted effective May 14, 2013.

The Board has determined that the Veteran's service-connected right knee disability aggravated his pre-existing condition, leading to current severity of the right knee disability. The Board also found that there is sufficient evidence to support a finding that obesity may have contributed to the development of hypertension due to the Veteran's service-connected right knee disability.

The Veteran's additional right knee disability is not deemed to be caused by VA hospital care, and the claim for compensation under 38 U.S.C.A. § 1151 has been denied.

The Board has remanded the case for additional development, including a new VA examination and consideration of private medical records. The Veteran's claim for service connection for a left knee disorder is being reviewed.

The Veteran's right knee disability has been rated at 30 percent since June 1, 2015 for limitation of extension. The rating is based on the current clinical findings and diagnostic codes applicable to his service-connected conditions.

The Veteran's right knee disability, including arthritis and meniscus tear, is currently rated at 100 percent due to the need for a total knee arthroplasty. The right knee scar is not compensable.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the Veteran's right knee disorder is not due to service and denied both direct and secondary service connection.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's left knee disorder is related to active duty service, and therefore grants entitlement to service connection for a left knee disorder.

The Board has determined that there is no evidence of a current left knee disability and thus, service connection for the condition cannot be granted.

The Board has determined that the Veteran's alcohol abuse disorder with history of alcoholism is due to his voluntary use of alcohol, and therefore not a disability for which service connection may be granted.

The Veteran's claim for service connection for his bilateral knee strain is being remanded due to the need for additional examination and opinion. The examiner must determine if the condition began in service, was caused by service, or is otherwise related to the Veteran's military service.

The Board has granted service connection for a cervical spine disability, right knee disability, and seborrheic dermatitis. The Veteran's claims on the issues of entitlement to service connection for a right wrist disability and numbness and tingling of the right arm have been withdrawn.

The Board found that the Veteran's degenerative joint disease of the left knee was not incurred or aggravated by military service, and denied his claim for service connection.

The Veteran's left knee degenerative changes of the medial/lateral meniscus have been rated as 10 percent disabling. The Board found that his symptoms did not warrant a higher rating based on limitation of motion.

The Veteran's PTSD was granted a rating of 70 percent effective prior to April 7, 2015, based on occupational and social impairment with deficiencies in most areas due to symptoms including nightmares, intrusive thoughts, impaired impulse control, memory impairment, hallucinations, and thoughts of suicide. The ratings for the right and left knee conditions remain denied.

The Board found that the Veteran's right knee disability is not related to his military service and denied his claim for service connection.

The Board found that the Veteran's service-connected left knee disability did not cause or contribute substantially to his death due to pulmonary embolisms. The private medical facility was held responsible for failing to administer anticoagulation, which led to the Veteran's death. As a result, the claim for service connection for the cause of death and nonservice-connected death pension benefits were denied.

The Board has remanded the case due to the need for clarification of opinions regarding the etiology of the Veteran's left knee and low back disabilities, as well as consideration of additional medical literature provided by the Veteran's representative.