Knee decisions — 2017

The Veteran's appeal is being remanded to the AOJ for review of additional evidence received since the March 2016 rating decision.

The Board has determined that the Veteran's service-connected disabilities prevent her from securing or following a substantially gainful occupation, and therefore grants entitlement to a total disability rating based upon individual unemployability (TDIU).

The Veteran's service-connected right knee disability is currently rated as 20 percent for posttraumatic postoperative sequelae arthrotomies and 10 percent for DJD. The Board finds that the evidence does not support a higher rating.,The Veteran's right knee DJD results in limitation of motion, but does not meet the criteria for a higher rating as it is not manifested by more than moderate limitation.

The Veteran's degenerative joint disease of the right knee is currently rated at 10 percent, effective April 1, 2008. The evidence does not support a higher rating as his disability has been characterized by pain, stiffness, weakness, swelling, popping, giving way, and locking, with flexion limited to no more than 135 degrees and full extension.

The Veteran's appeal has been withdrawn for the issues of service connection for hemorrhoids, erectile dysfunction, hypertension, gastrointestinal disorder, TDIU, and a rating in excess of 30 percent for right knee laxity. The remaining issue is his claim for an earlier effective date for the award of a 20 percent disability rating for right knee laxity.

The Veteran's polyarthritis of the hands and feet, including gout affecting the right great toe, is rated at 20 percent since February 2, 2017. The other conditions have been granted increased ratings.

The Veteran's claims for increased ratings for his service-connected right and left knee osteoarthritis are being remanded due to the need for additional development, including a new VA examination.

The Veteran's claim for service connection for a right knee disability was denied. His bilateral hearing loss has been rated at 40% prior to April 19, 2013 and increased to 60% from December 15, 2016.

The Board has remanded the case for additional development due to recent court decisions and the Veteran's assertion of worsening symptoms. The case will be returned to the Board after further examination and consideration.

The Board has determined that the Veteran's cervical spine, left shoulder, right wrist, and bilateral knee disabilities are not related to service.,Regarding GERD and hiatal hernia, the evidence does not support a finding of service connection.

The Veteran's claims for service connection for various knee and hip disabilities, as well as a low back disability, are being remanded due to the need for additional development of his records.

The Veteran's intervertebral disc syndrome was rated at 40 percent effective July 29, 2015. His bilateral knee disability was granted service connection.

The Board has determined that further development is needed to address the Veteran's claim for a temporary total rating for service-connected left knee strain, including adjudicating his service connection claim and obtaining medical opinions regarding the etiology of his arthritis.

The Veteran's appeal was granted, with a 10 percent rating for left knee limitation of motion and a separate 10 percent rating for left knee instability. The right knee disability is rated at 20 percent prior to September 19, 2016. The depressive disorder is rated at 50 percent. No effective date was provided.

The Veteran's sleep apnea is found to have originated during his military service and granted service connection. The acquired psychiatric disorder (adjustment disorder with mixed anxiety and depressed mood) is also found to be related to service, but the exact nature of the relationship needs further clarification. Service connection for a bilateral knee condition is denied due to lack of evidence showing aggravation or onset in service.

The Board has remanded the Veteran's TDIU claim due to a lack of compliance with previous instructions and for additional development, including obtaining updated VA treatment records and scheduling an examination.

The Veteran's service-connected disabilities do not clearly interfere with his ability to secure or follow a substantially gainful occupation.,The Board finds that the Veteran does not have a confirmed diagnosis of knee disability in either knee, and there is no evidence linking any diagnosed condition to active service.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected left knee disability is being remanded due to the need for additional development, including a new VA examination and review of private treatment records.

The Board denied the Veteran's claims for effective dates prior to October 20, 2004, March 21, 2005, and June 26, 2008 for service connection of his low back disorder, right knee disorder, and bilateral pes planus with plantar fasciitis.

The Veteran's right knee disorder was not shown during the appeal period, and therefore service connection is denied.