Knee decisions — 2018

The Veteran's lumbar spine disability is rated at 40 percent, effective June 20, 2011. Separate ratings of 10 percent are assigned for his right and left lower extremity radiculopathy since that date. The Veteran's left knee tendinitis, removal of cartilage, and instability each receive a separate 10 percent rating, starting from July 6, 2015.

The Veteran's right knee PFS is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted. The other issues remain in appellate status.

The Board has determined that the Veteran's current right knee and low back disabilities are not related to his period of active service. The evidence does not support an in-service incurrence or a nexus between these conditions and his military service.

The Board found no evidence of a preexisting low back disorder and denied service connection for the Veteran's low back disorder. The Board also found insufficient evidence to establish secondary service connection for his left knee disorder.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his PTSD and bilateral knee disabilities. The TDIU claim will also be deferred as it is inextricably intertwined with these issues.

The Board has ordered a remand to obtain an updated medical opinion regarding the nature and etiology of the appellant's left knee disability, specifically whether it is at least as likely as not that his pre-existing condition was aggravated during active service.

The Veteran's left knee disability, including degenerative arthritis and instability, is rated at 20% overall. The issues of a separate rating for loss of extension and instability are granted.

The Veteran's appeal is being remanded due to the need for additional medical opinions and development of evidence, particularly regarding his sinus disorders, knee disabilities, gastrointestinal disabilities, and TBI.

The Veteran's left knee disability resulted in a temporary total evaluation for convalescence following surgery. For the period prior to March 16, 2009, he was granted an increased rating of 10 percent; from March 16, 2009 to September 8, 2009, he received a 20 percent rating for cartilage dislocation with frequent episodes of locking and pain. From October 10, 2009 forward, the Veteran was granted a 20 percent rating for instability. For the period from August 29, 2009 to present, he received a 20 percent rating for limitation of flexion.

The Board granted an increased evaluation for the Veteran's right knee disability and service connection for myoclonus as secondary to his service-connected right knee condition. The TDIU claim was also granted, but with a specific effective date of August 10, 2012.

The Veteran's TDIU claim is being remanded for further development, including scheduling VA examinations to assess the impact of his service-connected disabilities on his employability and reconsidering the claim in light of recent grants of service connection for lumbosacral strain and bilateral lower leg radiculopathy.

The Veteran's thoracic spine disability is rated at 40 percent, which does not meet the criteria for a higher evaluation.,Prior to April 7, 2017, the Veteran's fecal incontinence was rated at 30 percent. From April 7, 2017, it has been rated at 60 percent.,The Veteran's recurrent right ankle sprain is currently rated at 10 percent and his right knee medial collateral ligament strain is rated at 10 percent.,None of the conditions meet the criteria for a higher evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining a new VA examination to assess the severity of his left knee disability and providing an opinion regarding the nature and etiology of his low back condition.

The Veteran's appeal is being remanded due to inadequate VA examinations and the need for a new examination that addresses specific issues related to pain during range of motion testing.

The Board has remanded the issue of entitlement to a clothing allowance for calendar year 2014 due to insufficient evidence regarding whether the Veteran's knee braces tend to wear out or tear her clothing. The case will be returned to VA for further review and potential examination.

The Veteran's claims for service connection for a left knee disability and tinnitus have been reopened due to the submission of new and material evidence. The Board has determined that tinnitus is likely related to service, but the claim for left knee disability remains pending as additional development is needed.

The Veteran withdrew their appeals for the initial ratings of left and right knee sprain with instability.

The Veteran's right knee is granted a 10% evaluation from August 20, 2012 for symptomatic removal of semilunar cartilage. The Veteran's patellofemoral syndrome and arthritis are not rated higher.

The Board has determined that there is at least a 50% likelihood that the Veteran's current left knee disability, diagnosed as degenerative joint disease, is related to his in-service injury. As such, service connection for this condition is granted.

The Board has granted service connection for diabetes mellitus type II, left lower extremity neuropathy, and right leg amputation below the knee as secondary to herbicide exposure.