Knee decisions — 2018

The Board has reopened the claim of entitlement to service connection for a bilateral knee condition due to new and material evidence. Service connection is granted for a left knee disorder, but the right knee disorder remains in dispute as it may be related to the left knee disorder or other pre-existing conditions.

The Veteran's service-connected left knee total arthroplasty with left thigh muscle atrophy resulted in chronic residuals consisting of severe painful motion or weakness. The claim for increased rating is granted, and the Veteran is now rated at 60 percent for this condition.

The Veteran's cognitive disorder, panic disorder with agoraphobia, and intermittent explosive disorder have been granted service connection. The Veteran also has current diagnoses for a skin condition and psychiatric disorders (including psychosis and temperament issues).

The Veteran's claim for an annual VA clothing allowance due to the use of Biofreeze topical analgesic was denied as it is not prescribed for a skin condition due to any service-connected disability.,The Veteran's claim for an annual VA clothing allowance due to her back brace was also denied because the VAMC determined that the model of back brace with Velcro fasteners does not qualify as a qualifying appliance for purposes of awarding a clothing allowance.

The Veteran seeks service connection for bilateral knee conditions, secondary to his service-connected flat foot and related ankle issues. The Board finds additional development is needed due to the progression of the Veteran's knee conditions since his last VA examination.

The Board has determined that the Veteran's death was caused by a retroperitoneal bleed, which is considered service-connected due to his use of diclofenac and Plavix for his knee disabilities.

The Board has remanded the Veteran's claims for service connection for bilateral knee and ankle disabilities due to a lack of notification regarding a scheduled VA examination, which may have affected the outcome of his case. The AOJ is instructed to schedule the Veteran for a VA examination and provide him with another opportunity to respond to any additional evidence.

The Board has granted an effective date of March 12, 2003 for the grant of service connection for PTSD and a TDIU rating on an extraschedular basis prior to that date.

The Veteran's claim for higher ratings for his left knee, cervical spine, and bilateral foot conditions was denied. The Board found that the evidence did not support a rating higher than 10 percent for any of these conditions.

The Veteran's hair loss, bilateral hearing loss, bilateral knee disability, back disability, and left shoulder disability have been granted service connection. The rating for tinnitus has also been granted at a maximum schedular rating of 10 percent.

The Veteran's right knee disability has been rated at 10 percent since September 1, 2009 and increased to 30 percent effective October 9, 2017.

The Board denied the Veteran's claims of service connection for left elbow and left knee disabilities, as well as diabetes mellitus. The evidence did not support a link between these conditions and active duty service.

The Board has determined that the Veteran's claim of service connection for a bilateral knee condition must be reconsidered on the merits rather than as a petition to reopen. Service connection is granted for bilateral knee osteoarthritis, but the issue of service connection for sleep apnea requires further examination and evidence.

The Veteran's appeal for an increased rating in excess of 30 percent for right knee surgery has been dismissed as he withdrew his appeal.

The Veteran's claim for an annual clothing allowance is being remanded due to incomplete records and the need for a more adequate medical opinion regarding the effect of his back and knee braces on his clothing.

The Veteran's appeal for service connection on the issues of diabetes mellitus, type II; basal cell carcinoma (claimed as skin cancer); right hip disorder; right knee disorder; and right ankle disorders has been dismissed. The remaining claims for service connection have been remanded.

The Veteran's right knee disability has worsened since his last VA examination, and a new examination is needed to determine the current severity of his condition.

The Board has determined that the VA examinations conducted during the appeal were insufficient and remands the case for further development, including obtaining additional treatment records and scheduling a VA examination to assess the severity of the Veteran's bilateral knee disorders.

The Veteran's claim for a TDIU on an extraschedular basis prior to June 10, 2008 was denied as the evidence did not show that he had difficulty obtaining and retaining employment due to service-connected disabilities.

The Board has determined that the Veteran's left knee disability was incurred during his service, and he is now entitled to a 50% initial rating for his recurrent headaches.