Knee decisions — 2017

The Board has determined that the Veteran's death was not caused by or substantially related to his military service or any of his service-connected disabilities.

The Veteran's left knee disability warrants staged ratings of a combined 30 percent (20 percent under Code 5258 and 10 percent under Codes 5003-5260) prior to September 18, 2015; and a combined 20 percent (10 percent under Code 5259 and 10 percent under Codes 5003-5260), but no higher, throughout from that date.

The Veteran's asthma, acquired psychiatric disorder (PTSD, anxiety, and depression), back disability, cervical spine disability, heart disability, bilateral ankle disability, left foot disability, right foot disability, bilateral hip disability, bilateral knee disability, and bilateral shoulder disability are not service connected. The Veteran's tinnitus and hearing loss were found to be aggravated by service.

The Veteran's claims for service connection for various joint conditions and hypertension are being remanded due to the need for additional development, including VA examinations.

The Board has granted service connection for various conditions, including sleep apnea and TBI. The Veteran's acquired psychiatric disorder, neck disorder, tinnitus, left shoulder disorder, hypertension, low back disorder, and erectile dysfunction are all found to be related to his military service. Service connection is also granted for the extension of a temporary total evaluation due to right shoulder surgery.

The Board has determined that a VA examination is needed to assess the severity of the Veteran's service-connected left knee disability, and the case is being remanded for this purpose.

The Veteran's right knee disability, manifested by symptoms of painful motion, clicking, deformity, weakness, instability, swelling, and interference with standing and walking, is currently rated at 60 percent under Diagnostic Code 5055. The Board has determined that the Veteran's overall disability picture more closely approximates a 60 percent rating throughout the period on appeal.

The Board has remanded the Veteran's claim for additional development, including obtaining a medical opinion on whether his knee disabilities are related to service or secondary to his spine disability.

The Veteran's appeal is being remanded for additional development to determine the etiology of his lumbar spine, cervical spine, bilateral knee, and hearing loss disabilities.

The Board denied the Veteran's claims for service connection for a right little finger disability, right knee disability, and benign hyperplasia of the prostate. The appeals were decided on the merits as no presumptive or secondary theories of service connection applied.

The Veteran's appeals for increased ratings for hemorrhoids, duodenal bulb spasticity, and left varicocele have been dismissed due to the Veteran withdrawing his appeal concerning these issues prior to a decision being made.

The Board has granted service connection for bilateral knee osteoarthritis and right ankle disability status total ankle arthroplasty, finding that the Veteran's current conditions are related to his period of service. The initial ratings assigned were also upheld.

The Veteran's bilateral hearing loss was not shown to have manifested during service or within one year of separation, and a continuity of symptoms after discharge from active service has not been established.,There is no competent evidence of a diagnosed left knee disability. The Veteran reported pain in the left knee but there are no records indicating any chronic condition.

The Board has reopened the Veteran's claim for service connection for bilateral knee disabilities and finds that, due to the relative equipoise of evidence, the Veteran's current bilateral knee disability is more likely than not related to his period of active duty.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of April 11, 2008, and therefore grants an earlier effective date for TDIU.

The Veteran has withdrawn his appeals regarding the issues of service connection for a back disability, a higher initial rating for right knee surgical scar, increased ratings for degenerative joint disease of the right knee, residuals of a right knee meniscal injury, instability of the right knee, and degenerative joint disease of the left knee, and a TDIU.

The Board has reopened the claims for service connection of back, left knee, PTSD, anxiety disorder, right shoulder disability, and hypertension as secondary to diabetes mellitus. The underlying issues are addressed in the remand section.

The Board has determined that additional development is needed to address the etiology of the Veteran's left knee disorders, right knee disorder, and low back disorder. The case will be remanded for further examination and opinion.

The Veteran's right knee disability does not meet the criteria for a higher rating, as his flexion is limited to more than 30 degrees and extension is limited to less than 5 degrees. The current 10 percent rating remains in effect.

The Board has determined that the Veteran's current right knee and low back disabilities are not service connected, as they did not manifest during or within one year after service separation. The preponderance of evidence does not support a finding that these conditions were caused by his service-connected left knee disability.