Knee decisions — 2017

The Veteran's left knee disability is currently rated as 20 percent disabling under Diagnostic Codes 5010-5261, which includes a separate rating for posttraumatic tricompartmental degenerative joint disease with malunion of the medial tibial plateau (shown with loss of extension) and another for severe posttraumatic tricompartmental degenerative joint disease with malunion of the medial tibial plateau. The Veteran's left knee disability does not meet or approximate criteria for a higher rating under any applicable diagnostic codes.

The Board denied the Veteran's claims for higher initial ratings for PTSD, right knee disability, and tinnitus. The claim to reopen service connection for a right hand disability was also denied. No new rating decision has been issued since these decisions.

The Veteran's TBI residuals have been rated at 10 percent since November 29, 2010. The rating was increased to 40 percent effective May 11, 2011 and then decreased back to 10 percent effective June 16, 2016.

The Veteran's left knee disability is rated at a combined 20 percent, based on instability and arthritis. The rating will remain in effect until further notice.

The Board has granted the Veteran's claim for service connection of a left knee condition as secondary to his service-connected right knee disability, based on VA treatment records showing abnormal weight-bearing and an antalgic gait.

The Veteran's PTSD is rated at 100% disabling effective July 26, 2010. As a result of this rating, he is eligible for special monthly compensation under 38 U.S.C. § 1114(s) due to having additional service-connected disabilities independently ratable at 60 percent or more (housebound rate). The Veteran's TDIU claim is moot as his PTSD alone meets the criteria for a total disability rating.

The Veteran's claims for service connection for various disabilities, including hypertension, bilateral lower and upper extremity peripheral neuropathy, left jaw disability, head disability, right leg disability, left knee disability, right knee disability, and back disability, were denied as there is no evidence of a current diagnosis or in-service onset. The Board found that the Veteran did not meet the criteria for service connection based on direct service incurrence.

The Board finds that the Veteran's bilateral knee arthritis is at least as likely as not caused by his service-connected right and left hallux valgus and pes planus. However, there is no evidence of current foot arthritis.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination of the Veteran's left knee. The claims will be readjudicated after this development is completed.

The case is being remanded for additional development, including obtaining updated VA and private treatment records, and a new VA examination to evaluate the current severity of the Veteran's left total knee replacement.

The Veteran's claim for a compensable rating for his scar, status post medial meniscal repair, left knee was denied. The Board found that the evidence did not show one or more unstable or painful scars warranting a higher disability rating under DC 7804.

The Veteran's appeal is being remanded due to the need for additional VA examinations and treatment records. The claims for service connection for diabetes, bronchitis (presumed exposure), right knee disorder, heart disorder, and bronchitis are pending.

The Veteran's claim for service connection of right knee strain, to include as secondary to his service-connected left knee disability, is denied. The VA examiner found no current diagnosis for the claimed right knee condition and did not provide an opinion regarding aggravation by a service-connected condition.

The Veteran's claims for increased disability ratings remain on appeal. The RO must consider all of the evidence received since the issuance of the May 2015 supplemental statement of the case and issue a rating decision to implement the grant of an increased disability evaluation of 10 percent for the service-connected multi-level degenerative arthritis of the lumbar spine and a 20 percent disability for the anterior reconstruction and arthroscopic surgery of the left shoulder, effective April 23, 2015.

The Board has determined that the Veteran's bilateral knee disability and right knee meniscus tear are not related to service, and thus denied his claim for service connection.

The Veteran's left knee disability, characterized by limited extension and joint locking, is currently rated at 40 percent since September 25, 2013. The appeal for a higher rating has been granted.

The Board has granted service connection for Degenerative Joint Disease of the right knee with an effective date earlier than April 29, 2008. The appeal is remanded to determine if the Veteran called VA in November 2001 to change his address.

The Board found that the Veteran does not have a disability of the right leg, including osteoarthritis of the right knee, linked to disease or injury incurred or aggravated in active service. The rating for the right fifth metatarsal fracture was granted but at a lower level than initially requested.

The Board has determined that the Veteran's right knee disability is not related to her service-connected lumbar spine and left knee disabilities, and thus cannot be granted service connection for this condition.

The Board has determined that the Veteran's right leg radiculopathy and left knee strain are related to his service-connected low back disability, and thus service connection is granted for these conditions.