Knee decisions — 2017

The Board has remanded the Veteran's claims due to incomplete medical opinions and further development is required.

The Board has restored the original disability rating of 20 percent for osteochondritis dissecans of the right knee based on limitation of flexion, effective January 1, 2011. The Veteran's condition was previously rated at 10 percent prior to that date and a separate 10 percent rating for extension has been assigned since September 16, 2010. The Board also granted a 10 percent disability rating for instability effective from January 22, 2010 to July 31, 2013.

The Board has granted service connection for major depressive disorder as secondary to the Veteran's service-connected right knee disability. The reduction of the 100 percent rating for the right knee disability was found not improper.

The Board found that the Veteran's current bilateral knee disability is not related to service and denied his claim for service connection.

The Veteran's claims for increased ratings and a TDIU were granted. The Veteran was assigned a 30 percent rating for posttraumatic headaches, separate 10 percent ratings for right knee arthritis and left knee arthritis as of September 22, 2008, and an initial 10 percent rating for right ankle arthritis with a chronic tear of the anterior ligament. The Veteran was also granted TDIU.

The Veteran's claims of entitlement to initial compensable ratings for bilateral hearing loss, service connection for sleep apnea, and left knee disability were denied. The claim for service connection for a bilateral elbow disability was not addressed as it is considered outside the scope of this appeal.

The Veteran's service-connected right and left knee disabilities have been rated at 10 percent each, effective October 20, 2008. The Board found that higher ratings were not warranted under the applicable diagnostic codes.

The Board finds that the preponderance of the evidence is against the Veteran's claim for service connection for a right hip disability, claimed as secondary to service-connected orthopedic disabilities. The December 2014 VA medical opinion constitutes probative evidence against the Veteran's claim.

The Board has determined that the Veteran does not have a current right knee disorder, and any right knee symptoms are more likely related to age-related osteoarthritis rather than service.,Service connection for a right knee disorder is denied as there is no evidence of an in-service injury or disease, and any current condition is less likely due to active duty service.

The Veteran's claim for an earlier effective date for TDIU based on her service-connected bilateral knee disabilities was denied as the evidence did not show that she became unemployable due solely to these conditions in the year prior to March 8, 1993.

The Board finds that the Veteran's left tibia fracture, status post pinning is not service-connected as there is no evidence of a current disability related to his active duty service or to his service-connected left ulnar neuropathy. The right elbow condition and carpal tunnel syndromes are also not service-connected.

For the period prior to November 15, 2016, the Veteran's left knee DJD with limitation of extension was rated at 10 percent.,From November 15, 2016, the Veteran's left knee DJD with limitation of extension is rated at 30 percent.

The Board has remanded the Veteran's claims due to incomplete records and need for additional opinions on his right knee, left knee, and low back disorders.

The Veteran is found to be in need of regular aid and attendance due to service-connected disabilities, but not housebound. Special monthly compensation based on the need for aid and attendance is granted.

The Veteran's appeal is being remanded for further development, including scheduling new examinations and readjudication of the TDIU issue.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for right and left knee disabilities.,Service connection is granted for bilateral knee disabilities as they are at least as likely as not related to in-service parachute jumps.

The Board found no evidence of a current left knee disability and denied service connection for the Veteran's claimed left knee disability. For his chronic myeloid leukemia, the Board determined that there was not sufficient evidence to establish radiation exposure during service.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected left knee disability and obtain updated medical records.

The Veteran's service-connected disabilities do not preclude him from securing substantially gainful employment.

The Veteran's claims for higher ratings for left knee and left elbow disabilities are being remanded due to the need for additional development, including a VA examination.