Knee decisions — 2017

The Board denied the Veteran's claim for additional vocational rehabilitation services after a declaration of rehabilitation due to the weight of evidence against his claims that he cannot perform a job position in social work or that the occupation is unsuitable based on his specific employment handicap and capabilities.

The Veteran's right knee arthritis with limited extension and flexion has been granted a rating of 20 percent, effective March 7, 2011. A separate 10 percent rating for instability is also granted.

The Veteran's left knee posttraumatic osteoarthritis has been rated at 20 percent for moderate instability, as per Diagnostic Code 5257. The rating is based on the Veteran's reports of instability and use of assistive devices.

The Board has remanded the case for additional development due to a lack of an opinion addressing secondary aggravation.

The Veteran's claim for service connection for a left ankle disability has been denied as there is no current diagnosis of such a condition. The Board finds that the evidence does not support a finding of service connection.

The Board has remanded the Veteran's claims for additional development, including obtaining SSA disability records and ensuring compliance with prior remand directives. The TDIU claim is inextricably intertwined with the other issues.

The Veteran's service-connected disabilities, including his bilateral knee conditions and left leg neuropathy, have rendered him unable to secure or maintain substantially gainful employment since April 1, 2009. Effective April 12, 2017, the Veteran's total disability rating was increased to 80 percent.

The Veteran is granted a higher rating of 30 percent for left knee instability and a separate 20 percent rating for dislocated semilunar cartilage since May 25, 2007. The RO must provide the Veteran with a VA Form 21-8940 application for TDIU.

The Board has denied the Veteran's claims for service connection for left knee, right knee, and right arm conditions.

The Board has determined that the Veteran does not have a chronic right knee or right hip disability, and therefore service connection for these conditions is denied.

The Veteran's right knee medial and lateral meniscectomies have been rated at 20 percent since March 17, 2015. From August 24, 2016 onward, the Veteran is rated with a separate rating of 20 percent for his residuals post-total knee replacement surgery. The left knee strain with DJD has been rated at 10 percent.

The Board has determined that the Veteran's left knee disability was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred therein.

The Veteran has withdrawn his appeals, indicating that he no longer wishes to pursue the claims due to recent service connection and rating decisions for other conditions.

The Veteran's headaches and PFB were found to have started during service, and the Board granted service connection for these conditions. The bilateral knee disability and shin splints are currently under consideration.

The Veteran is seeking an increased initial evaluation for left knee osteoarthritis and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The case is being remanded to obtain additional records associated with the Veteran's State disability retirement in June 2006, and to adjudicate the claim of entitlement to TDIU.

The Veteran's appeal is being remanded for further development, including the association of SSA records and additional VA examinations to evaluate his current disabilities.

The Board found that the September 2009 rating decision improperly increased the Veteran's ratings for his service-connected right knee injury and mild osteoarthritis of the right hip to 20 percent. The reduction from these ratings to 10 percent is considered proper based on clear and unmistakable error (CUE).

The Board has decided that a VA examination is needed to determine if the Veteran's current bilateral knee disability is related to his military service. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, copies of SSA disability determinations, and a VA orthopedic examination. The case will also be referred to the Director, Compensation Service, for extraschedular consideration of TDIU.

Service connection is denied for bilateral hearing loss.,Service connection is granted for degenerative joint disease of the bilateral knees.