Knee decisions — 2017

The Veteran's combined rating for his service-connected disabilities is 60%, which does not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). The Board found that the Veteran's service-connected disabilities do not sufficiently incapacitate him to prevent substantially gainful employment.

The Board denied service connection for mucoepidermoid carcinoma and an increased rating for right knee degenerative joint disease. The Veteran's claim for service connection for right hip degenerative arthritis is remanded.

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

The Veteran's right TKR has been manifested by chronic residuals consisting of severe painful motion. The Board grants a rating of 60 percent for his right knee condition from July 1, 2010 to the present.

The Board has dismissed the claims of entitlement to an initial rating in excess of 10 percent for right knee strain with degenerative arthritis and left ankle lateral collateral ligament sprain as there is no pending appeal on these issues.

The Board has determined that a new VA examination is needed to assess the current nature and severity of the Veteran's right knee disability, as well as updated VA treatment records should be obtained. The case will be remanded for these actions.

The Veteran's appeal is being remanded for further development and consideration of his claims, including obtaining additional medical records and arranging for a VA examination to address the nature and etiology of his current right lower extremity disabilities.

The Board has determined that the Veteran's bilateral inguinal herniography residuals did not meet the criteria for a 10 percent rating prior to March 19, 2009. From March 19, 2009, there is no legal entitlement to a compensable rating based on multiple noncompensable service-connected disabilities. The Veteran's bilateral inguinal herniography residuals have not required at least one month of convalescence or resulted in severe postoperative residuals as per VA regulations.

The Board has determined that a new VA examination is needed to assess the current nature and severity of the Veteran's left knee disability, including range of motion testing. Additionally, updated VA treatment records are requested.

The appellant's appeals for service connection on multiple conditions have been dismissed due to his withdrawal of the appeal.

The Veteran's appeal is being remanded to obtain a new VA examination and additional medical records, as the previous examinations were inadequate for rating purposes. The Veteran must be provided with an adequate VA knee examination that includes range of motion testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing conditions.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent effective August 4, 2016. The Board grants this rating and also finds that the Veteran meets criteria for a TDIU due to his service-connected disabilities.

The Veteran's appeal for service connection of a right knee disability has been dismissed due to his death.

The Veteran's claims for increased evaluations of his lumbar spine, cervical spine, and bilateral knee disabilities are being remanded due to the need for additional development.

The Veteran's diabetes mellitus, type II is presumed to be due to herbicide exposure during service. The right knee disorder claim is denied as there is no current diagnosis of a right knee disability.

The Board found that the Veteran's low back and left knee disabilities did not have their onset in service, were not otherwise related to service, and are not proximately due or aggravated by his service-connected right knee disability. As a result, the claims for service connection for these conditions were denied.

The Board has determined that the Veteran's right shoulder and right knee disorders are related to his military service.,However, there is no current disability of the right ankle. The Veteran reported symptoms but X-rays were normal.

The Veteran seeks an effective date prior to March 19, 2009, for a 20 percent rating for instability of the left knee. The Board finds that the evidence does not establish that instability was present before this date.

The Board has granted service connection for bilateral carpal tunnel syndrome, anemia, and coronary vasospasm. The claims for bilateral knee disability and allergic rhinitis are pending and will be addressed in the remand portion of this decision.

The Veteran's claim for an increased disability rating for his service-connected osteochondritis dissecans of the left knee is being remanded due to inadequate compliance with a previous Board directive to schedule him for a VA examination.