Knee decisions — 2017

The Veteran's right and left knee disabilities were denied increased ratings, with the right knee rated at 10 percent under Diagnostic Code 5260 for limitation of flexion.

The Board found that the Veteran's right knee disorder did not manifest within one year of separation from service and is unrelated to his military service. As a result, the claim for service connection was denied.

The Veteran's service-connected left knee disability is productive of painful limited flexion, warranting an initial compensable evaluation of 10 percent.

The Veteran's service-connected right knee DJD with patellar chondromalacia status post tendon rupture repair, right knee DJD with limited extension, and right patella mild subluxation did not meet the criteria for higher initial ratings through September 18, 2012.

The Veteran's claim for service connection of an acquired psychiatric disorder, bilateral hand disability, bilateral foot disability, and bilateral knee disability was denied. The Board found that the Veteran's acquired psychiatric disorder clearly and unmistakably existed prior to active duty service and was not aggravated by such service.

The Veteran's appeal is being remanded for additional development, including obtaining a more complete opinion regarding the etiology of his knee disabilities and left femur disability. The claim for TDIU will be deferred pending completion of this development.

The Veteran has withdrawn his appeals on all issues, including service connection for a left hip disability and increased ratings for various joints and hypertension. The appeal is dismissed.

The Board found no evidence of a current left knee disability, sinus disability or obstructive sleep apnea that is related to service.,Service connection was denied for all three conditions.

The Veteran's service-connected disabilities, specifically his incontinence from prostate cancer, rendered him unable to secure and follow a substantially gainful occupation. The Board finds that entitlement to a TDIU is warranted.

The Veteran's radiculopathy of the left lower extremity is currently rated at 20 percent under Diagnostic Code 8526. The February 2017 VA examination indicated that the severity of his left lower extremity radiculopathy was moderate, warranting a higher rating.

The Veteran's tinnitus is service-connected and granted a rating of 10 percent.,For his left knee lateral collateral alignment reconstruction and repair, the Veteran was granted an increased rating to 10 percent effective September 2, 2009.,For his peroneal nerve injury, left lower extremity prior to March 3, 2016, the Veteran was granted a disability rating of 10 percent.

The Veteran's claims for service connection are being remanded due to the need for additional development, including review of VA treatment records and an updated medical examination.

The Board has determined that the Veteran's diagnosed bilateral knee, left ankle, and right shoulder disabilities are service-connected.

The Board has decided to remand the case due to insufficient evidence of current severity of the service-connected right knee disability and a need for another VA examination.

The Veteran's appeal is remanded for additional development, including scheduling a VA examination and obtaining all relevant medical records. The issues of entitlement to an increased rating for his mood disorder and TDIU are inextricably intertwined with the earlier effective date issue.

The Veteran's right knee disability and bilateral hearing loss were found to be service-connected, with the right knee issue being granted. The initial ratings for bilateral hearing loss remain on appeal.

The Veteran's service-connected disabilities render him unable to care for his daily needs, requiring the regular aid and attendance of another person. The Board finds SMC based on the need for regular aid and attendance is warranted.

The Veteran's arthrofibrosis of the left knee with limitation of motion is not considered to be due to VA negligence or fault, and thus he does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal for an increased rating for left knee instability has been withdrawn, and the Board is dismissing the appeal.

The Veteran's claims for service connection for right hip injury, right knee condition, and right leg injury are being remanded to obtain additional medical records and a VA examination.