Knee decisions — 2016

The Veteran's left knee disability has been rated at 10 percent since March 1997. The most recent VA examination in February 2013 showed no degenerative arthritis and limited flexion to 120 degrees with pain at 110 degrees, full extension to 0 degrees. There was no additional loss of function on repetitive motion testing.

The Board finds that the recoupment of severance pay from VA disability compensation is required by law and denies the appeal.

The Board has determined that the Veteran's bilateral hearing loss was incurred in active military service and granted service connection for this condition. The left knee disorder issue is pending as it involves an increased rating.

The Veteran's left knee instability and post-ACT repair left knee disability have been rated at 10% prior to October 1, 2010, and increased to 30% effective October 1, 2010.

The Board has determined that the Veteran's current right knee disability is etiologically related to his service, and thus grants service connection for this condition.

The Veteran's claims for higher evaluations for his right and left ankle disorders, as well as his right and left knee arthritis, have been denied. The highest schedular rating available for the right ankle disorder is 40 percent due to ankylosis, which is already assigned. For the left ankle arthritis, there is not more than a moderate limitation of motion. For the right and left knee disorders, prior to October 30, 2014, neither knee showed limitations in extension or flexion that would warrant higher ratings. Since October 30, 2014, the Veteran's knees do not meet the criteria for higher evaluations.

The Board has remanded the case due to unclear evidence regarding right knee instability and new private treatment records need to be obtained. The Veteran will undergo a VA examination for his right knee.

The Board has granted service connection for nocturnal myoclonus, a chronic disability that manifested within one year of the Veteran's separation from active duty. The claim for a sleep disorder was denied as there is no evidence showing it was incurred in or aggravated by service.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, and the preponderance of evidence is against his claim for TDIU.

The Veteran's left knee disability, including DJD and meniscus tears, is rated at 10 percent disabling. The temporary total rating for convalescence due to the knee condition has been granted.

The Veteran's claim for service connection for degenerative arthritis of the left knee, secondary to his service-connected right patella chondromalacia, was reopened and granted. His current rating for chondromalacia of the right patella is increased to 10 percent.

The Board has determined that the Veteran's claims for service connection have been withdrawn, and his claims for diabetes mellitus and weight control problems or obesity have not met the criteria for service connection.

The Board found that the Veteran does not have a current diagnosis for a bilateral hip disability and her right knee patellofemoral syndrome is less likely than not incurred in or caused by active duty service. The claim for secondary service connection was also denied as there was no evidence of a nexus between the service-connected pubic ramus stress fractures with residual pubic symphysis and the current right knee disability.

The Veteran's claim for an increased rating for bilateral pes planus was denied, as the evidence did not meet the criteria for a higher rating. The claims for service connection for scars of the elbows and knees and recurrent neck pain were also denied.

The Veteran's appeal is being remanded due to the need for additional medical examinations and development of his claims, including those related to TBI, back disability, and bilateral knee disabilities.

The Veteran's claim for a right knee disability was denied as there is no current evidence of such a condition.,New and material evidence has not been received to reopen the claims for left shoulder, upper back, and right great toe disabilities.,Service connection for an upper back disability was previously denied due to lack of evidence of a chronic disability at the time of the April 2003 rating decision.

The Board has determined that the reduction in the evaluation of the Veteran's bilateral knee scars from 10 percent to noncompensable was proper based on sustained improvement under ordinary conditions of life.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination of his right knee disability.

The Veteran's appeal regarding the issues of bilateral hearing loss, bilateral wrist disability, sleep apnea, and residuals of meningitis has been withdrawn.,The Veteran's bilateral pes planus clearly and unmistakably pre-existed active duty service and was not incurred or aggravated by such service.

The Veteran's appeal is being remanded for a new VA examination to determine the current nature and severity of his service-connected left knee disability, including whether it is manifested by lateral instability. The issues on appeal are related to separate compensable ratings for left and right knee instability.