Knee decisions — 2017

The Veteran's claim for a right knee condition is being remanded due to the need for additional examination and evidence.

The Veteran's current left knee disorder, including residuals of a left knee ACL repair and partial medial meniscus repair, is related to his military service.

The Veteran's request for an extension of temporary total convalescence ratings was denied, but the Board granted a temporary total rating based on post-surgical convalescence from January 24, 2011 to March 31, 2011.

The Veteran's claim for a temporary total disability rating based on partial knee replacement of the service-connected right knee was granted, effective from September 15, 2011 through October 15, 2012.

The Veteran's TDIU claim is granted, and his bilateral knee DJD ratings are remanded for additional development.

The Board denied the Veteran's claims for service connection and increased ratings for various knee, hip, and foot disabilities due to lack of evidence supporting a compensable rating for his TBI residuals.

The Board found that the reduction in rating for the Veteran's service-connected left knee laxity from 20% to 0% effective May 1, 2013 was proper based on sustained improvement over time.,For his right foot Lisfranc injury, the evidence did not meet the criteria for a compensable initial rating as there were no symptoms comparable to moderately-severe or severe foot injuries.

The Veteran's appeal is granted, with a schedular evaluation of 50 percent for migraine headaches throughout the entire appeal period.

The Board has remanded the case due to a lack of compliance with previous instructions and the need for an addendum opinion regarding the etiology of the Veteran's bilateral knee disorder.

The Board has remanded the case for additional development, including obtaining VA treatment records and a VA examination to determine if the Veteran has a right knee disability and whether it is related to service.

The Veteran's bilateral hearing loss is presumed to have been incurred in service due to noise exposure, and the Board finds that he has met the criteria for presumptive service connection.,The Veteran's skin disorder is not related to herbicide exposure in service. The Board finds that his current skin disorders are not linked to service.

The Board has determined that the Veteran's bilateral knee disability with DJD is etiologically related to his active duty service and grants service connection for this condition.

The Board has determined that the Veteran's service-connected disabilities, including bilateral knee instability and lower extremity peripheral neuropathy, have resulted in loss of use of both feet and necessitate regular aid and attendance. As such, he is entitled to SMC at the higher rates under 38 U.S.C.A. § 1114(l) and (r)(1).

The Board finds that the Veteran's right knee disorder clearly and unmistakably pre-existed service and was not aggravated by service, thus denying his claim for service connection.

The Board denied the Veteran's claims for increased ratings for his right shoulder and knee disabilities, finding that they did not meet the criteria for higher evaluations. The claim for a TDIU was also denied.

The Veteran is granted a TDIU prior to March 30, 2016 due to his service-connected disabilities preventing him from securing or following substantially gainful employment.

The Veteran's knee disabilities, including right and left knee instability, are rated at 10 percent each. He is also service-connected for a separate neurological disability of the right lower extremity associated with his lumbar spine disability.

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including obtaining records from JSRRC and VA eye examinations. The Veteran's service connection claims for psychiatric disorders, bilateral eyes, shoulders, knees, and spine are all remanded.

The Veteran's right knee disability was rated at 10 percent for post-operative right knee arthritis prior to February 12, 2016. From February 12, 2016 to May 18, 2016, the rating for limitation of extension was denied.

The Veteran's appeal is being remanded for a new examination to assess the severity of his left knee disability, including any functional loss due to flare-ups. The current rating remains unchanged.