Knee decisions — 2016

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess the current severity of her left knee disability.

The Veteran's appeal is being remanded to allow for additional medical examinations and opinions regarding his right knee disability, right hip disability, and liver disorder. The goal is to obtain a complete record upon which the Board can make an informed decision.

The Board found that the Veteran's additional disability was not caused by VA carelessness, negligence, or lack of proper skill. The evidence did not support a finding that the event was not reasonably foreseeable.

The Board denied entitlement to TDIU prior to April 9, 1996 due to the Veteran's right knee disability not meeting the criteria for such a determination.

The Veteran's initial ratings for right and left knee patellar tendonitis were denied as the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board found that the Veteran's right knee disability is not related to his service-connected left knee residuals of GSW with retained foreign body with scar, and thus denied both claims for increased rating and service connection.

The Veteran's right knee and low back disabilities are related to his service-connected left knee, resulting in service connection being granted for these conditions.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for right and left knee disabilities. The case is being remanded for further development, including a VA examination.

The Board has determined that the Veteran's current degenerative joint disease of the right and left knees did not have its onset during service or within one year after separation, and is not related to his military service.

The Veteran's claims for service connection for a right knee disability and non-Hodgkin's lymphoma, as well as his claim for an earlier effective date for non-service-connected pension benefits, were denied. The Board found that there were no pending claims of service connection at the time of the Veteran's death.

The Veteran's initial rating for his left knee DJD was granted at 10 percent, effective November 26, 2008. A separate 10 percent rating is assigned for symptomatic removal of the semilunar cartilage in the left knee.

The Veteran's service-connected right and left knee DJD have been rated as 20 percent for limitation of extension, with no higher ratings granted. The issues regarding increased flexion ratings were also denied.

The Veteran's TDIU claim is being remanded for additional development to determine if his service-connected disabilities rendered him unable to obtain or retain substantially gainful employment.

The Board has determined that the Veteran's claimed bilateral knee, foot, thoracolumbar spine, left hand injury, and headache disabilities were not incurred or aggravated during service. The evidence does not support a finding of service connection for these conditions.

The Veteran's claims for service connection for right and left knee disorders, as well as a left thumb disorder, were previously denied. New evidence has been submitted but it does not relate to an unestablished fact necessary to substantiate the claims.

The Veteran's scar associated with left knee surgery is painful but not larger than 12 square inches or 77 square centimeters, and does not warrant a higher rating.

The Board has determined that the Veteran does not have a neck disability, bilateral carpal tunnel syndrome, low back disability, or bilateral knee disability that is related to her active military service.,VA examinations confirmed diagnoses of DDD and DJD in the cervical spine, lumbar spine, and knees. The VA examiners concluded that these disabilities are less likely than not incurred during service.

The Veteran's right knee condition has been rated at 10 percent, the maximum non-compensable rating. The left tibial fracture with retained hardware is currently rated as 10 percent.

The Veteran's claims for service connection have been reopened and are granted. He is found to have current diagnoses of herpes, residuals of a right hand injury, residuals of a head injury (including PTSD), and tinnitus that are at least as likely as not related to his military service.

The Veteran's claim for increased ratings for his left knee disability is being remanded due to the need for additional VA examination and development.