Knee decisions — 2017

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined disability rating is only 70 percent, which does not meet the requirement of at least one disability rated at 40 percent or more with a combined rating of 70 percent or more. The Board finds that the Veteran is not unemployable solely due to service-connected disabilities.

The Board has determined that the Veteran is not in need of regular aid and attendance, as he can perform most activities of daily living without significant assistance.

The Veteran's neck mass is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's left elbow disability is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's right knee disability is rated at 10 percent, which does not meet the criteria for a higher rating.,PTSD has been rated at 30 percent, which meets the criteria for a higher rating. However, it does not meet the criteria for an initial rating in excess of 30 percent.,Bilateral plantar fasciitis has been rated based on severity prior to February 1, 2017 and after that date.

The Veteran is entitled to an initial compensable rating for his lumbosacral strain with myofascial pain of the mid back around the scapulae, and a TDIU effective November 30, 2011.

The Board has reopened the Veteran's claim of service connection for hypertension and found new evidence that relates to an unestablished fact necessary to substantiate the claim. The claims for muscle and joint aches, pulmonary disorder, sinus disorder, and liver disorder were not addressed as they are considered separate issues.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess his left knee disability and determine if he is entitled to TDIU.

The Board has determined that the Veteran does not have a current right knee disability that was incurred or aggravated by service, and thus denied his claim for service connection.

The Board has granted a 60 percent disability rating for the Veteran's left knee disability from May 9, 2017. The maximum schedular rating of 60 percent is assigned after one year following the implantation of the prosthesis.

The Board has determined that the Veteran's current left and right knee disabilities are related to his in-service injuries, and thus service connection is granted.

The Veteran's right knee disability, dyslipidemia, hypertension, diabetes mellitus, type II, bronchial asthma, bilateral hip disability, left knee disability, bilateral ankle disability, back disability, neck disability, and acquired psychiatric disorder are not service connected.

The Veteran's appeal is being remanded for additional examinations to assess the severity of his low back and left knee disabilities, as he has reported that these conditions have worsened since his last examination.

The Veteran seeks service connection for multiple joint disabilities, including bilateral knee disability, bilateral shoulder pain, low back pain, and right side pain. The case is being remanded to obtain additional medical records and to schedule the Veteran for a VA examination.

The Board has determined that the Veteran's preexisting right knee disorder was not permanently aggravated by service, and thus cannot be granted service connection for a right knee disorder. The claim for left knee disorder is also denied as there are no alternative bases of service connection.

The Veteran has withdrawn his appeals regarding the evaluations for thoracolumbar spine DDD and status post vertebral fusion with slight dextrorotoscoliosis, right knee retropatellar pain syndrome with osteoarthritis, right total knee arthroplasty, status post left total knee replacement, DJD right shoulder status post rotator cuff repair and pin replacement, and hypertension. As such, these issues are dismissed.

The Veteran withdrew her appeal for an increased rating for her service-connected right knee condition prior to the Board's decision.

The Veteran's claims for service connection were denied, and the Board found that new and material evidence had not been received to reopen several previously denied claims. The right ankle tibiotalar degenerative joint disease was rated at 20 percent, but no higher due to lack of ankylosis. The noncompensable scar rating remained unchanged.

The Board has determined that the Veteran's low back, right hip, and right knee disorders are not service-connected as they are not related to his service-connected left knee disorder.

The Board has granted service connection for DDD of the cervical spine and arthritis of the left knee, finding that these conditions are at least as likely as not caused by or aggravated by the Veteran's service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining relevant medical records.

The Veteran's appeal was granted, with the exception of his request for a TDIU rating. The left shoulder and low back disorders were rated at 10 percent each, while the left knee disorder received a staged rating from 10 to 20 percent.