Knee decisions — 2017

The Veteran's service-connected right knee disability is rated based on the criteria in the rating schedule, and no extraschedular evaluation is warranted. The Board has granted a TDIU effective prior to April 20, 2015.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to his death, commensurate with his education and employment background.

The Board found that the Veteran's left knee disability warranted a rating of 10 percent for painful motion, but not higher. The highest possible rating under Diagnostic Code 5259 (for symptomatic removal of semilunar cartilage) was already assigned.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his right knee and left knee osteoarthritis.

The Veteran withdrew his appeal for all current claims on appeal prior to the Board's decision.

The Veteran's PTSD and depressive disorder are related to his military service, and he is unable to work due to these conditions. The Board has granted a TDIU from May 29, 2012 to October 30, 2013.

The Veteran's character of discharge for his final period of service from March 1997 to February 2008 is a bar to VA benefits due to the commission of offenses during that period resulting in a dishonorable discharge. The appeal has been withdrawn with respect to several issues.

The Veteran's appeal is remanded due to the need for additional VA examinations and consideration of outstanding private medical records.

The Veteran's kidney cancer is presumed to be connected to contaminated drinking water at Camp Lejeune. The Board finds that the Veteran is entitled to service connection for his right knee condition, left knee condition, and right shoulder conditions based on a presumption of exposure to contaminated water.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected bilateral knee disabilities. The issue of entitlement to TDIU has also been raised by the record.

The Veteran's tinnitus is service-connected as secondary to his service-connected bilateral hearing loss. The claims for service connection for bilateral knee disorders, hypertension, and loss of vision in the right eye are denied due to lack of evidence linking these conditions with service. The Veteran's allergic rhinitis is currently rated noncompensably disabling.

The Veteran's right knee disability, characterized by arthritis with painful motion, warrants a combined rating of 20 percent (10 percent under Code 5003 and 10 percent under Code 5257) prior to July 12, 2011. From that date, the Veteran is entitled to a separate 10 percent rating for instability.

The Veteran's claims for higher initial evaluations for his right knee and left knee disabilities have been denied. The right knee disability is currently rated as 10 percent disabling under DC 5260, while the left knee disability is rated as 10 percent disabling under DC 5260.

The Board has determined that the Veteran's right and left knee disabilities are not related to his active service, as there is no evidence of chronic knee symptoms since separation from service. The back disability was found to be due to an autoimmune condition (ankylosing spondylitis), unrelated to service.

The Board found that the Veteran's current bilateral knee disabilities are not related to his service and denied his claims.

The Board has granted service connection for a left knee disability.

The Board has remanded the case for a new VA examination to determine the current nature and severity of the Veteran's service-connected right knee disability. The Veteran will be provided with an opportunity to appeal the decision if it remains denied.

The Board found the Veteran's service-connected disabilities met the schedular criteria for TDIU, but his employability status was unclear due to mixed reports of employment and unemployment. The case is REMANDED for further development including obtaining a VA Form 21-8940 from the Veteran.

The Board denied the Veteran's claims for service connection for arthritis of the right and left knees, finding that they were not related to his service-connected hip disabilities.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to October 16, 2015.