Knee decisions — 2017

The Board has granted a 60 percent rating for the Veteran's left knee disability, effective April 19, 2016. The Veteran previously received a temporary 100 percent rating from October 22, 2012, through November 30, 2013.

The Veteran's appeal is being remanded to obtain additional medical evidence and review his TDIU claim.

The Board has decided to remand the case due to inconsistencies in the November 2016 VA examination and a need for further evidence, including an updated treatment record and a new VA examination of the Veteran's right knee disability.

The Veteran's service-connected migraines and left knee disability did not result in unemployability, as he was able to maintain a bookkeeping business for 33 years.

The Veteran's TDIU claim is granted as his combined disability rating meets the schedular criteria for a 60% rating since May 10, 2007. However, he is found to be unemployable due to his service-connected conditions.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for an additional left knee disability due to a left knee arthroplasty at the Omaha VA Medical Center on October 4, 2010 is denied as there is no evidence of carelessness, negligence, lack of proper skill, or error in judgment by VA.

The Board has granted service connection for DJD/DDD of the lumbar spine and arthritis of the bilateral knees as secondary to service-connected feet and ankle disabilities. The Veteran's hearing loss is not compensable.

The Veteran's left knee disability was granted a 10 percent rating effective April 16, 2008 for limitation of flexion. The issue of whether the criteria have been satisfied for a higher rating for instability is addressed in the REMAND section.

The Board has reopened the Veteran's claim for service connection of a right knee disability and finds that it is related to his military service. The Veteran's current right knee disability, characterized as degenerative changes in the right knee, is considered incurred during service.

The Board has dismissed the appeals for the issues of entitlement to a rating in excess of 20 percent for a lumbar spine disability, special home adaptation grant, specially adapted housing, and SMC based upon the need for aid and attendance for the Veteran's spouse as the appellant withdrew his appeal. The claim for SMC was denied due to lack of evidence showing that the Veteran's spouse is in need of regular aid and attendance.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The specific conditions and service connection theories are not addressed as the appeal does not pertain to these matters.

The Veteran's claims for higher ratings for DJD of the left knee and instability of the left knee have been denied as there is no evidence showing flexion limited to 30 degrees or instability warranting a higher rating.

The Board has determined that the Veteran does not have a current diagnosis of any claimed back condition or joint conditions (left shoulder, bilateral elbows, and bilateral knees). As such, service connection for these conditions is denied.

The Veteran's claims for service connection for GERD, hypertension, gynecomastia, bilateral degenerative arthritis of the knees, tinnitus, peripheral vascular disease (claimed as a bilateral leg condition), degenerative osteoarthritis at L3-4 (claimed as low back pain), left carotid occlusion, and bilateral hand injury have all been denied. The Board found no evidence linking these conditions to service.,The Veteran's service treatment records do not show any complaints or treatment for the claimed conditions. His post-service medical records indicate diagnoses of GERD in 2000, hypertension in 2005, and bilateral degenerative arthritis of the knees beginning in 2004. The Board found no causal relationship between these conditions and service.

The Veteran's right knee disability has been rated as 30 percent for recurrent subluxation or lateral instability, and a separate noncompensable rating for limitation of extension. The right knee scar is rated as 20 percent.

The Veteran's service-connected degenerative joint disease of the left knee has been manifested by pain productive of noncompensable limitation of motion, with flexion limited to 95 degrees and extension limited to 5 degrees. The Board finds that a higher evaluation is not warranted.

The Board found that the Veteran's substantive appeal was not timely filed in response to the September 20, 2011 Statement of the Case and denied the claim.

The Veteran's migraine headaches have been rated at the maximum schedular rating of 50 percent, and his GERD has been rated at the maximum schedular rating of 30 percent. The right knee chondromalacia issue was withdrawn by the Veteran prior to appeal, and TDIU remains in appellate status.

The Board has determined that the Veteran's bilateral feet skin condition is not secondary to a service-connected disability or due to his military service.,The Veteran's right knee disability was not incurred during active service.

The Board has determined that there is no current disability for either the bilateral shoulder or right knee, and thus cannot grant service connection.