Knee decisions — 2016

The Veteran's claims for increased ratings for his service-connected right big toe and left knee disabilities are being remanded due to the need for additional development, including obtaining outstanding medical records and arranging for VA examinations.

The Board has determined that the Veteran's left knee osteoarthritis status post total knee arthroplasty is proximately due to or aggravated by his service-connected right knee degenerative arthritis. The rating for the right knee disability remains at 30 percent prior to October 30, 2012, and a separate 10 percent rating has been granted for instability of the right knee since that date.

The Veteran's claims for increased evaluations of his right knee disabilities have been denied. The highest ratings available under the applicable diagnostic codes are assigned.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the Veteran for VA examinations to assess his right ankle disability and service-connected right knee and right hip disabilities.

The Board has determined that additional examinations are necessary to address the Veteran's service connection claims and her increased rating claim for left ankle disability. The Veteran will be scheduled for VA examinations to determine the current severity of her service-connected left ankle disability, as well as to assess whether any diagnosed cervical spine, right hip, bilateral knee, or right leg disabilities are related to service or service-connected conditions.

The Veteran's right knee disability has been rated at 10 percent for arthritis and 20 percent for the residuals of meniscectomy, resulting in a combined rating of 30 percent. The claim is granted.

The Board has determined that the Veteran's currently diagnosed iliotibial band syndrome of the right knee is related to his service-connected low back disability with right lower extremity radiculopathy, weakness and atrophy.

The Veteran's appeals for higher initial ratings for left and right knee DJD, as well as lumbar spine DDD were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for these conditions.

The Veteran's right knee disability has been rated at 30 percent since October 1, 2014. The rating is based on arthritis and symptomatic residuals of a meniscectomy.

The Veteran's claims for increased ratings for his bilateral knee disabilities have been denied as the evidence does not support a finding of additional disability warranting an increase beyond the current assigned ratings.

The Board has determined that the evidence is in equipoise as to whether the Veteran's current right knee conditions are related to service, and therefore grants service connection for right knee degenerative joint disease.

The Board has determined that the Veteran's right knee and right hip disabilities are secondary to his service-connected left knee disability. As a result, these conditions have been granted as secondary service connection.

The Veteran's appeal is being remanded to obtain updated VA treatment records, Social Security Administration (SSA) records, and reschedule the Veteran for an examination regarding his right knee disability. The claim will be adjudicated again after obtaining these records.

The Veteran seeks service connection for a right knee disorder, which he asserts was incurred during service or is secondary to his service-connected left knee and/or bilateral ankle disabilities. The Board finds that a remand is necessary in order to obtain a new VA examination with an etiological opinion as to direct service connection.

The Veteran's bilateral CTS and knee disabilities are rated at the lowest possible levels, with no evidence of more than mild impairment in either wrist or knee. The Board finds that the current ratings adequately reflect the severity of these conditions.

The Board finds that the Veteran's claimed conditions are not related to her military service, and therefore denies all claims for service connection.

The Board found that the Veteran's right knee and low back disabilities were not incurred during active service, including periods of ACDUTRA or INACDUTRA. The current diagnoses are not related to service.

The Board found no evidence of a pre-existing bilateral knee disorder and concluded that the Veteran's current condition did not manifest during service. The most recent VA examination indicated that his current condition began in 2005, which is after his periods of active duty.

The case is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the current severity of his service-connected disabilities. The claims of entitlement to service connection for a low back disability, increased rating for left knee disability, and TDIU are also being remanded.

The Board found that the reduction from 20% to 10% for left knee traumatic arthritis and from 20% to noncompensable for left knee subluxation was proper based on evidence showing sustained improvement in the Veteran's ability to function under ordinary conditions of life.