Knee decisions — 2017

The Veteran's service-connected disabilities, including a low back disability and knee pain, met the schedular requirements for TDIU as of October 28, 1997. However, due to his other service-connected conditions, he did not meet the combined rating criteria for TDIU prior to August 31, 2004.

The Board has remanded the case for a VA medical opinion to determine if the Veteran had a pre-existing right knee disorder and whether it was aggravated by service. The case will be returned to the Board after completion of this action.

The Board has remanded the case due to inadequate reasons and bases for weighing the probative value of the Veteran's lay statements regarding his service-connected disabilities. The VA examiner's opinions are also found to be inadequate as they did not consider the Veteran's assertions of continuous symptoms since active duty service.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and any pertinent medical records.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and updated VA treatment records.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, right knee disability, headaches, lower back disability, bilateral hip disability as secondary to the lower back disability, neck disability, and left knee disability. The appeal was dismissed due to withdrawal of the appeal for the claim for entitlement to service connection for a right knee disability.

The Board has decided that the Veteran's claim of entitlement to service connection for a left knee disorder should be remanded due to incomplete records and further development is needed.

The Veteran's claim for VR&E benefits was denied because he does not have a serious employment handicap due to his service-connected disabilities, and the benefits provided under Chapter 31 are not available to him.

The Board found that the Veteran's low back disability was incurred in service and granted service connection for it. The respiratory disorder and left knee disability claims were denied as there is no evidence of a current disability related to service.

The Veteran's service-connected disabilities render him unable to obtain or maintain a substantially gainful occupation, and the Board has determined that he is entitled to TDIU benefits.

The Board dismissed the appeal due to the death of the appellant.

The Board has granted service connection for left knee lateral meniscus tear and degenerative arthritis, finding that these conditions are as likely as not related to active duty and to service-connected left knee chondromalacia. The Veteran's gastritis is also found to be incurred during active duty.,Right hip disability was not found to be secondary to a service-connected condition.

The Board found no evidence of a right leg disability or arthritis in service, and the current conditions are not otherwise related to service. The claim for service connection is denied.

The Board has determined that the Veteran's left knee disability was not incurred in or caused by service, and it is not secondary to his service-connected right knee disability.

The case is being remanded due to the need for additional development, including obtaining VA treatment records and a new orthopedic examination of the Veteran's bilateral knee disabilities.

The Veteran's right knee disability, characterized as residuals of meniscectomy with degenerative changes and slight instability, has been rated at 20 percent since March 1990. The Board found that from February 21, 2012 to July 22, 2014, the Veteran's right knee disability was characterized by limitation of extension limited to 10 degrees and slight lateral instability. From July 22, 2014, the Veteran's right knee disability is characterized by 'cartilage, semilunar, removal of, symptomatic'.

The Board has determined that the Veteran does not have a current right foot disability and therefore, service connection for this condition is denied.

The Veteran's claims for arthritis of the knees, hips, and elbows are denied as they are not considered to be due to service or a service-connected disability.

The Veteran's left knee disability was rated at 20 percent prior to March 13, 2012 and 30 percent post total arthroplasty from May 1, 2013. The appeal is denied as the evidence does not support a higher rating.

The Veteran's appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) for additional development. The only issue remaining in appellate consideration is whether a separate rating for recurrent subluxation or lateral instability under Diagnostic Code 5257 should be granted.