Knee decisions — 2017

The Veteran's significant service-connected disabilities, including major depression, prostate carcinoma, and peripheral neuropathy of the right upper extremity, necessitate regular aid and attendance from another person. The Board has determined that these conditions meet the criteria for SMC based on need for aid and attendance.

The Board has decided to remand the case for additional development, including obtaining verification of service dates and private medical records, as well as scheduling a VA examination.

The Board has reopened the claims of service connection for a left knee disability, bilateral hearing loss, tinnitus, and bilateral pes planus. However, due to conflicting opinions regarding the etiology of the Veteran's current hearing loss, a new medical opinion is needed to determine whether it is at least as likely as not related to in-service noise exposure.

The Veteran's claims for increased rating of right shoulder disability, service connection for low back disability, stomach disability, bilateral knee disability, and dental problems were denied. The Board found no evidence to support the Veteran's assertions regarding his in-service injuries or disabilities.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his service-connected acquired psychiatric disorder, surgical scars, and right knee condition.

The Board has remanded the case for a VA examination to determine if the Veteran's right knee disorder had its onset during active service or is otherwise causally related to such service. The AOJ should also obtain an opinion on whether any preexisting right knee disorder was aggravated by active service.

The Veteran's cervical and lumbar spine disorders are related to his military service, but the bilateral knee and foot conditions may not be. The acquired psychiatric disorder is also related to service.,The Veteran has a current diagnosis of an acquired psychiatric disorder (schizoaffective disorder, bipolar type with psychotic symptoms) that likely had its onset during or is otherwise related to his period of active duty from 1973 to 1979.

The Board has reopened the claim for an acquired psychiatric disorder but denied service connection. The Veteran's hypertension remains at a noncompensable rating prior to August 29, 2016 and 10 percent thereafter. The left knee disability is currently rated as 10 percent.

The Board found that the Veteran's service-connected disabilities do not meet the schedular percentage requirements for a total rating, and thus did not warrant an extraschedular TDIU. The Veteran was previously employed but lost his job due to taking prescribed medication for pain related to his service-connected conditions.

The Board has remanded the case for additional development on issues including service connection for a low back disability, increased ratings for knee and ankle disabilities, and psychiatric disability. The Veteran's TDIU claim is also being remanded.

The Board has determined that the Veteran does not have a current diagnosis of right ear hearing loss, osteoarthritis of the ankles or knees, hypertension, or gastritis for VA benefits purposes. The claims are therefore denied.

The Veteran's bilateral knee disorders have been granted increased ratings, with the left knee receiving a 20 percent rating effective November 1, 2012. The low back disorder claim was withdrawn prior to January 9, 2012.

The Veteran's claims for higher initial ratings for his service-connected right knee disabilities have been denied. The Veteran does not meet the criteria for a higher rating under Diagnostic Codes 5257 (for internal derangement) or 5010-5260 (for arthritis).

The Board has determined that the Veteran's right and left knee disabilities are related to his combat service, granting service connection for both conditions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Veteran's claims were denied as the evidence did not support a rating in excess of 30 percent for left knee instability.

The Board has determined that the Veteran's right and left knee disabilities do not warrant a rating in excess of 10 percent, as there is no evidence of limitation of motion or subluxation/inability to use either knee.

The Board has remanded the case for additional development, including a VA examination to determine the etiology of the Veteran's left knee disability and obtain relevant treatment records.

The Veteran's claims for increased ratings for his right and left knee disorders have been denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's service-connected bilateral knee disabilities and left leg venous stasis and deep venous thrombosis prevented him from obtaining or maintaining substantially gainful employment from August 2, 2006 to June 16, 2016.