Knee decisions — 2017

The Board has denied the Veteran's claims for extraschedular ratings for total left knee arthroplasty and left knee surgical scar, finding that the symptoms are already accounted for by the assigned schedular ratings.

The Veteran's claims for an increased rating for his right knee disability and TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran was not found to be permanently and totally disabled due to nonservice-connected disabilities from August 22, 2007, to September 29, 2016.

For the entire period on appeal, the medical evidence of record indicates that there is painful motion in the Veteran's right knee but no compensable limitation of flexion or extension. The Board concludes that the criteria for an evaluation higher than 10 percent have not been met.

The Board found that the Veteran's hepatitis C was not incurred in or aggravated by service, and denied his claims for higher ratings for his acquired psychiatric disorder and foot disabilities. The TDIU claim was also denied as it pertained to a period prior to September 24, 2010.

The claims for right knee and left knee disabilities, as well as the psychiatric disability claim have been denied due to lack of new and material evidence.,The back disability claim has been reopened but remains denied.

The Board found that the Veteran's claimed disabilities, including cervical spine, low back, knee, and foot conditions, are not service-connected due to lack of evidence showing a nexus between these conditions and his military service.

The Board has determined that the Veteran's right lower extremity disability, including his service-connected right knee disability and other aspects of the limb, does not meet the criteria for a higher rate of special monthly compensation (SMC) based on loss of use.

The Veteran's left total knee replacement and revision has been manifested by chronic severe painful motion or weakness of the left lower extremity, warranting a rating of 60 percent.

The Veteran's appeal for increased ratings for her right knee disabilities has been denied. The Board found that the evidence did not support a higher rating than the current 30 percent assigned for her total knee arthroplasty, and also noted that there was insufficient information to determine functional loss prior to September 19, 2014.

The Veteran's left total knee replacement has been rated at 60 percent since June 17, 2010. The Board also granted a TDIU based on the Veteran's service-connected disabilities preventing him from securing substantially gainful employment.

The Veteran's appeal is being remanded due to incomplete service treatment records and the need for updated VA examinations. The issues of service connection are inextricably intertwined with the increased rating claim on appeal.

The Board has determined that the Veteran's bilateral knee disabilities are etiologically related to service and grants service connection for left and right knee conditions.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the current severity of his bilateral knee disabilities and consideration of entitlement to TDIU.

The Veteran's claims for increased evaluations for his left knee, PTSD, and degenerative disc disease L5-S1 were denied. The Board found that the evidence did not support a higher evaluation for any of these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling new examinations to assess the severity of his lumbar spine and left knee disabilities.

The Veteran's left knee disability is rated at 60 percent, the maximum rating available for chronic residuals consisting of severe painful motion or weakness. The Board also granted a separate 20 percent rating for moderate recurrent subluxation and lateral instability beginning April 24, 2017. For the period from January 31, 2011 to March 23, 2017, the Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU rating. The Veteran is also entitled to special monthly compensation based on need for regular aid and attendance.

The Veteran's service-connected disabilities prevent him from finding or maintaining substantially gainful employment.

The Board has remanded the case due to the need to obtain additional medical records and an addendum opinion regarding the etiology of the Veteran's low back and bilateral knee disorders. The appeal is now pending for further review.