Knee decisions — 2017

The Board has determined that the Veteran's right knee limitation of motion with degenerative joint disease does not warrant a rating in excess of 10 percent, as there is no evidence of flexion limited to or more than 30 degrees. The Veteran's right knee subluxation is currently rated at 10 percent.

The Board has decided that there may be outstanding VA treatment records related to the Veteran's left knee disorder and requests for these records have been made. The case is now remanded for further development.

The Board has remanded the case for additional development, including obtaining records from Chelsea Naval Hospital and scheduling VA examinations to determine the current nature of any right knee and ankle disabilities. The Veteran's claims will be readjudicated after this additional development.

The Board has determined that the Veteran's left knee osteoarthritis was caused by her service-connected right ankle fracture repair, and thus granted her claim for service connection.

The Veteran's claims for service connection for sleep apnea, and evaluations of his right and left foot plantar fascia releases prior to March 30, 2016 were denied. His initial compensable evaluation for a right ankle sprain was granted, as was an initial compensable evaluation for a left ankle sprain. However, he did not receive the requested increased evaluation for his left knee strain with patellar spur.

The Board has remanded the case for additional development due to a request from the Veteran's attorney for another hearing. The appeal is now pending and will be returned to the AOJ for further action.

The Veteran's claim for reimbursement of private medical expenses incurred on October 6, 2015 was denied as the condition did not qualify as a medical emergency and therefore does not meet the criteria for reimbursement under VA regulations.

The Veteran's right knee disability has been rated at 10 percent since March 2011. The Board found that the current rating adequately compensates for his symptoms, including pain and functional loss due to weakness, incoordination, and flare-ups.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected lumbosacral strain with degenerative disease and arthritis of the right knee.

The Veteran's acquired psychiatric disorder, right knee disability, and back disability are found to be aggravated by his service-connected disabilities. Service connection is granted for these conditions on a secondary basis.

The Board has determined that the Veteran does not have a current diagnosis of left or right knee disabilities and finds that these conditions are not related to service. The Board also found no evidence of aggravation of any pre-existing knee disability by his service-connected lumbar spine disability.

The Veteran's left knee disability was rated at 10 percent prior to January 20, 2015 due to painful range of motion. The Board found that the evidence did not support a higher rating based on limitation of flexion or extension.

The Veteran meets the schedular requirements for a TDIU due to his service-connected disabilities, and is unemployable as a result of these conditions.

The Veteran's right ankle, bilateral knee, and left foot disabilities have caused his clothing to wear out faster due to the use of supportive appliances. The Board has found that reasonable doubt should be resolved in favor of the Veteran, granting an annual clothing allowance for these conditions.

The Veteran's service-connected right ankle fracture, left knee strain, and right knee strain disabilities have been rated as 10 percent each. The Board finds that these ratings are appropriate given the evidence of record.,The Veteran's left hand nerve damage disability has not warranted a higher rating.

The Board has determined that the Veteran's left knee disability warrants a 20 percent rating throughout the increased rating period on appeal, based on symptomatic removal of meniscus and limitation of motion.

The Board has found that the Veteran's service-connected disabilities do not meet the schedular requirements for TDIU, but refers the issue to the Director of Compensation and Pension Services for extraschedular consideration due to his inability to secure and follow a substantially gainful occupation.

The Board found no direct service connection for the Veteran's right knee disability and concluded that obesity, which is not service-connected, contributed to his disability. The TDIU claim was also denied as there were no service-connected disabilities rated at 60% or more.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, nor have they been shown to preclude him from securing and following a substantially gainful occupation.

The Board has determined that the Veteran's right and left knee disorders, including arthritis, were not incurred in service or within one year of separation from service. The preponderance of evidence does not support a finding that these conditions are related to military service.