Knee decisions — 2017

The Board has determined that the Veteran's right knee disorder is related to his in-service injury, and thus service connection for degenerative arthritis of the right knee is granted. The issue of service connection for left knee disorder remains pending as it may be related to military service or secondary to a now-service-connected condition. Service connection for hearing loss in the right ear cannot be established without resorting to mere speculation.

The Board has remanded the Veteran's claims for further development and consideration, including review of new evidence submitted after a previous SSOC. The issues include increased ratings for radiculopathy of the left lower extremity, earlier effective dates for right hip osteoarthritis (flexion, extension, and impairment), and service connection for degenerative joint disease, left knee.

The Board has determined that additional development is necessary regarding the Veteran's claims of entitlement to increased disability ratings for right knee and right hand disabilities, as well as service connection for a left knee disability. The Veteran will be provided with adequate notice at his current address of record and scheduled for VA examinations.

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's right knee disability was not rated higher than 10 percent prior to March 29, 2017 and 20 percent thereafter. The Board denied entitlement to a TDIU prior to July 17, 2014 as his service-connected disabilities did not preclude him from obtaining and retaining substantially gainful employment.

The Board has remanded the case for additional development, including obtaining service treatment records and arranging VA examinations to address the nature and etiology of the Veteran's lumbar spine disorder and right knee disorder.

The Board has remanded the case for further development, including obtaining additional service records and arranging for VA examinations to determine if the Veteran's hearing loss and left knee disability are related to his military service.

The Veteran's claims for increased PTSD and TDIU prior to January 3, 2012 are denied. The Board finds that the Veteran is not entitled to a higher evaluation for his PTSD or entitlement to TDIU due to service-connected disabilities.

The Board has ordered a remand to obtain additional medical examination and development for the Veteran's service-connected knee disabilities. The case will be returned to the Board for further consideration.

The Board found that the Veteran's right knee disorder was not incurred in or aggravated by his active military service and is not related to his service-connected mechanical low back pain with lumbarization of L1 and scoliosis. Therefore, service connection for a right knee disability is denied.

The Board finds that the Veteran's right and left knee disabilities do not warrant a rating higher than 10 percent under the applicable diagnostic codes, as they do not meet the criteria for more severe limitations of motion or instability.

The Veteran's left and right ankle degenerative arthritis are currently rated at 20 percent each, which is the maximum rating available under VA regulations.,The Veteran's cervical spine degenerative arthritis is currently rated at 20 percent, which is the maximum rating available under VA regulations.,The Veteran's lumbar spine degenerative arthritis is currently rated at 10 percent, which is the maximum rating available under VA regulations.,The Veteran's left knee degenerative arthritis and ligament instability are both currently rated at 10 percent each, with a separate 20 percent rating for ligament instability of the right knee prior to May 2, 2017, and higher than 20 percent from that date.,There is no specific service connection theory provided in this decision.

The Veteran's right and left knee disabilities are found to be service-connected based on direct evidence of their onset during service.

The Board has denied the Veteran's claims for service connection for right knee disorder, right elbow disorder, hypertension, and acquired psychiatric disorder.,There is no indication of a presumptive basis for these conditions.

The Veteran's right knee disability and instability have been rated at 20 percent since May 1996, with a separate rating of 20 percent for instability effective February 5, 2009. The current ratings are maintained.

The Veteran's schizoaffective disorder is rated at 70 percent, and his left knee instability is not entitled to a higher rating.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, lumbar spine disability, bilateral knee disabilities, venous insufficiency, hypertension, sleep apnea, and morbid obesity. The decision found that there was no evidence of a nexus between these conditions and service.

The Veteran's claims for increased ratings for his lumbosacral spine and left knee disabilities were denied as the evidence did not support a higher rating based on the current manifestations of these conditions.

The Board denied an initial rating in excess of 10 percent for the Veteran's left knee retropatellar pain syndrome with osteoarthritis, finding that his flexion limitation did not meet or approximate the criteria for a higher evaluation.

The Veteran's TDIU claim is dismissed as moot due to the grant of SMC based on his 100% schedular rating for schizophrenia and additional disabilities rated at 60% or more. For the period prior to January 31, 2007, the criteria for a TDIU are not met.