Knee decisions — 2017

The Veteran's claim for a higher rating for his right knee instability prior to August 10, 2011 was denied as the evidence did not show more than slight instability.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his right knee condition.

The Veteran's combined disability rating is 80%, meeting the schedular requirements for TDIU due to service-connected disabilities. However, he is currently employed in a stable IT job and has successfully completed his associate's degree, indicating that his service-connected conditions do not render him unable to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional medical records, conduct necessary examinations, and issue a statement of the case for certain service connection claims.

The RO reduced the disability rating for right knee instability from 10 to 0 percent, effective September 10, 2014. The reduction was proper as there had been an actual improvement in the condition.

The Veteran's claim for service connection for a left knee disorder and an effective date prior to September 16, 2014 for the award of a 100 percent rating for coronary artery disease (CAD) were granted. The appeal regarding severance of service connection for an acquired psychiatric disorder was denied.

The Board denied service connection for bilateral knee disabilities, a back disability, and bilateral hip disabilities. The Veteran's claims were not reopened due to lack of request for reconsideration in the original decisions.

The Board has remanded the case due to outstanding VA treatment records and will review the claim for a left knee disorder, including considering new evidence.

The Veteran's claim for a rating in excess of 30 percent for residuals of left knee injury with degenerative arthritis, status post meniscectomies and total knee arthroplasty prior to January 11, 2016 was denied. The claim for a compensable rating for laxity of the left knee from January 1, 2011 through January 10, 2016 was also denied.

The Veteran's PTSD has been rated at 100 percent, the highest possible rating under VA guidelines. The RO should also consider whether he is eligible for TDIU based on his service-connected disabilities.

The Board has ordered a remand to obtain an updated VA examination and opinion regarding the Veteran's left knee disorder, specifically addressing whether it is at least as likely as not caused by his military service. The case will be returned for further review.

The Veteran's appeals for service connection for bilateral hip and knee disabilities have been withdrawn by the appellant. The claimant is granted a TDIU rating.

The Board dismissed the appeal seeking attorney fees from past-due benefits in excess of those already awarded due to lack of standing and incorrect calculations, as well as the issues not being properly raised.

The Veteran's right ankle disability is rated at the maximum available rating of 20 percent.,Prior to December 4, 2011, the Veteran's low back disability was rated at 20 percent. Since then, it has been rated at 40 percent.

The Veteran's claim for an earlier effective date for a separate 10 percent rating for traumatic arthritis of the left knee is dismissed as there is no remaining error in the original rating decision.

The Veteran is granted an annual clothing allowance for the 2015 calendar year due to his service-connected right knee disabilities, as wear and tear from a VA-issued hinged brace causes damage to his outer garments.

The Veteran has withdrawn his appeal of the issues of nonservice-connected pension benefits and special monthly pension by reason of being in need of regular aid and attendance or on account of being housebound. The Board is dismissing these claims.

The Board finds that the Veteran's right knee disability is not related to his active service and therefore, denies the claim for service connection.

The Veteran's appeal was denied as his left knee and right shoulder conditions did not meet the criteria for higher ratings under applicable diagnostic codes.

The case is being remanded for further development and re-adjudication, including obtaining additional medical records, addressing the Veteran's TDIU claim, and providing proper VCAA notice.