Knee decisions — 2016

The Veteran's increased ratings for her service-connected bilateral knee disabilities were granted, but the appeal remains in appellate status as maximum schedular ratings have not been assigned.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, as well as the potential impact on his entitlement to TDIU.

The Board found that the Veteran's hypertension, left knee disability, cervical spine disability, and left shoulder disability were not incurred or aggravated during his military service. The VA examiner concluded that there was no evidence of a current diagnosis of hypertension in service or within one year post-service, and thus denied these claims.

The Board has remanded the claims for additional development due to inadequate examinations and inextricably intertwined issues.

The Veteran's claims for service connection for right knee, left knee, lumbar spine, and neck disabilities have been granted.,All issues on appeal are now resolved.

The Veteran's claim for a compensable rating for instability of the right knee is granted, effective from November 13, 2008.

The Veteran's right knee disability was evaluated as 20 percent disabling from July 22, 2009 to November 2, 2015. The Board denied entitlement to higher schedular ratings and extraschedular evaluations for the period prior to November 2, 2015.

The Board found that the Veteran's sleep apnea did not have its onset in active service and was not due to or aggravated by a service-connected disability. The hypertension diagnosis is from 2016, which does not meet the one-year presumptive period for hypertension. The left knee disorder has no evidence of onset during service.,The Board denied all three issues on appeal as there was insufficient evidence to establish service connection.

The Board has remanded the Veteran's claims for increased ratings for his service-connected left knee arthritis and right knee arthritis due to inadequate examination reports, failure to address functional loss during flare-ups, and need for additional VA treatment records.

The Veteran's claims for service connection for lumbosacral strain, right ankle disability, and personality disorder were denied by the RO in April 2010. The effective date of his awards was January 13, 2012.,The Veteran's claim for a right ankle disability has been reopened due to new evidence submitted since the April 2010 denial.

The Board has determined that the Veteran's left knee chondromalacia and arthralgia were incurred in or aggravated by active service, based on clear and unmistakable evidence of preexistence.

The Board has remanded the case for additional development due to incomplete records from VA facilities.

The Veteran's appeal is being remanded due to an administrative error in sending hearing notification letters. The case will be returned for further appellate consideration.

The Board has decided to remand the case for additional development, including obtaining medical records and providing VA examinations to determine the etiology of any diagnosed migraines and acquired psychiatric disorder.

The Veteran's appeal is being remanded for additional development, including obtaining missing VA medical records and scheduling the Veteran for VA examinations to determine the nature and etiology of his lumbar spine disability and acquired psychiatric disorder.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for diabetes was not granted, chronic otitis externa did not warrant a compensable rating, the lumbar spine disability received an increased rating but remained at 20 percent, cervical spine disorder, bilateral hip disorder, knee disorder, ankle disorder, kidney disorder (hypertension), heart disorder (hypertension), erectile dysfunction, and peripheral neuropathy of both upper and lower extremities were not granted service connection. The Veteran's diabetes was rated as 20 percent disabling.

The Board found that the Veteran's preexisting right knee disability was aggravated by active service, and granted service connection for it.

The Board finds that the Veteran's left knee osteoarthritis, which necessitated his total knee replacement surgery, is not a service-connected disability. Therefore, the claim for a temporary total rating based on left knee surgery necessitating convalescence cannot be granted.

The Veteran's right knee disabilities, specifically instability and traumatic arthritis, are rated at 20 percent prior to March 28, 2012. The apportionment of VA benefits for his dependent mother is granted.

The Veteran's appeal is being remanded to the AOJ for additional development, including obtaining service treatment records and scheduling a VA examination.