Knee decisions — 2018

The Veteran withdrew their appeals for both 'Right knee instability' and 'Status-post right knee anterior cruciate ligament reconstruction'. As a result, the claims are dismissed.

The rating reduction from 30 to 10 percent for the Veteran's right knee disability was not proper, and the 30 percent rating is restored as of September 19, 2013.

The Board has remanded the claims of entitlement to service connection for right and left knee disabilities due to outstanding private treatment records, SSA disability benefits records, and a VA knee examination.

The Veteran's appeal for an earlier effective date for a separate rating of left knee instability is denied.,The Veteran's claim for an initial rating in excess of 10 percent for left knee instability is denied. The evidence does not support the presence of moderate instability.

The Veteran's claims for increased ratings for degenerative arthritis of the knees and migraine headaches have been denied. The Veteran was previously granted service connection for lower back disorder, radiculopathy in each leg, but her appeal does not include these issues.

The Board denied an extended temporary total rating for the right knee disability, finding that the Veteran's convalescence did not extend beyond October 31, 2014. The claims of service connection for a psychiatric disorder, increased ratings for right and left knee disabilities, and TDIU are remanded.

The Board has denied the Veteran's claims for service connection for a heart disability, bilateral knee disabilities, and an acquired psychiatric disorder due to lack of evidence supporting these conditions were incurred or aggravated during active duty.

The Veteran's claims for increased ratings and a compensable rating for shortening of the right leg are being remanded due to inadequate examination reports. The case will be readjudicated after additional development.

The Veteran's appeal for service connection for a left knee disability and bilateral hearing loss is being remanded due to the absence of representation. The Missouri Veterans Commission must be given an opportunity to offer arguments on his behalf before the case can be returned to the Board.

The Veteran's appeals for increased ratings on various service-connected conditions have been dismissed as the Veteran withdrew his appeal.

The Board has granted service connection for right knee DJD, status post partial replacement and a 20 percent rating for pes planus of the left foot. The Veteran's current disability picture more nearly approximates the criteria for these conditions.

The Veteran's appeal is being remanded due to the need for a new VA examination of his left knee patellofemoral syndrome and the need to obtain all current VA outpatient treatment records.

The Veteran's claims for increased ratings and service connection were granted, with the exception of asthma and TDIU issues. The DDD of the thoracolumbar spine was rated at 20 percent; gastrointestinal disabilities at 10 percent; posttraumatic headaches at 50 percent; right shoulder impingement syndrome at 20 percent; and left knee disorder with medial collateral ligament strain at 10 percent.

The Board has determined that the Veteran's combined disability rating and a single 70% disability rating for his depressive disorder meet the eligibility criteria for TDIU. However, further clarification is needed regarding whether the Veteran's service-connected disabilities alone preclude gainful employment.

The Veteran's claim for service connection of an undiagnosed illness causing multiple muscle pain, to include in the bilateral arms, bilateral legs, and bilateral knees is denied as there is no evidence of an undiagnosed illness. The Board finds that his diagnosed conditions are more likely related to post-service activities rather than service.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current level of severity of his service-connected left knee disabilities (left knee status post arthroscopic procedure and instability).

The Board has determined that the Veteran's bilateral knee disabilities may have pre-existed service and are not related to military service. The case is being remanded for further examination and opinion regarding the etiology of the Veteran's knee disabilities.

The Veteran's appeal has been withdrawn by her and her representative, resulting in the dismissal of all issues on appeal.

The Board has remanded the case due to unavailability of service treatment records and the Veteran's request for a copy of his claims file. The Veteran is entitled to an examination to determine the nature and etiology of his current claimed bilateral knee disability.

The Veteran's increased ratings claims have been denied as his conditions do not meet the criteria for a rating in excess of 10 percent under applicable diagnostic codes.