Knee decisions — 2018

The Veteran's left knee disability, which includes post-operative meniscectomy and ACL repair with degenerative joint disease, is currently rated at 10 percent. The Board found that the evidence does not support a higher rating based on limitation of motion or instability.

The Board has decided to remand two issues for further development: entitlement to service connection for a right knee disorder, and the issue of rating for left knee arthroplasty. The Veteran's right knee disorder is being examined again due to inadequate examination in July 2011, and an addendum opinion is needed regarding whether his right knee degenerative joint disease is proximately due to or caused by his service-connected left knee disability.

The Veteran's right knee disability, including posttraumatic arthritis and meniscectomy/ACL tear, is currently rated at 10 percent. The Board denied an increased rating for the condition.

The Board denied the Veteran's claims for service connection for bilateral knee disabilities and a pulmonary disability, claimed as spots on the lungs. The Veteran also had a claim for skin cancer, to include as due to presumed exposure to herbicide agents in Vietnam. However, the Board found no evidence of current disabilities related to these conditions and denied all claims.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that there was no evidence of arthritis within one year after service and concluding that the current right knee condition is not related to service.

The Board has remanded the case for further development due to incomplete records from Social Security Administration and the Veteran's former employer.

The Veteran's hypertension is found to be caused by his service-connected diabetes mellitus, type II. The Board finds that the evidence is in equipoise as to whether the bilateral knee disability was caused or aggravated by his service-connected right shoulder gunshot wound residuals.

The Veteran's December 23, 2013 Notice of Disagreement (NOD) was not timely filed and thus the July 1984 rating decision denying service connection for cold urticaria and right knee instability remains final.

The Board has determined that the Veteran's bilateral knee disability and depression were not incurred in or aggravated by service, and thus denied her claims for service connection.

The Board finds that the Veteran's right knee disability is at least as likely as not caused by undue stress due to his service-connected residuals of a right foot fracture, and grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and providing the Veteran with a new VA examination to assess his left knee disabilities. The TDIU claim will also be addressed.

The Veteran's left knee degenerative joint disease has been rated at 10 percent since January 27, 2010. The Board found that the current rating is appropriate as there was no evidence of instability or other conditions warranting a higher rating.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Board denied the Veteran's claims for service connection for bilateral pes planus and an increased rating for residuals of left knee internal derangement with lateral instability.

The Veteran's service-connected disabilities, including a mood disorder, right knee replacement, tinnitus, bilateral hearing loss, and a right knee scar, prevent him from securing or following substantially gainful employment.

The Veteran's right knee disorders, including instability and limited flexion and extension, have been rated under the applicable VA rating criteria. The Board has determined that an extraschedular rating is not warranted for these conditions prior to December 23, 2013.,For the period from September 1, 2013 to December 22, 2013, it is at least as likely as not that the Veteran's service-connected disorders prevented him from obtaining substantially gainful employment.

The Board has remanded the case for further development, including obtaining private treatment records and arranging for an orthopedic examination to determine the nature and likely etiology of the Veteran's claimed hip and right knee disabilities.

The Veteran's right knee disability, including patellofemoral syndrome and a meniscus tear, has been evaluated at the 10 percent rating since May 29, 2005. The Board finds that his symptoms do not warrant an increase in this rating.

The Veteran's arthritis of multiple joints, including bilateral knees, began during his active military service and is considered a direct result thereof.

The Veteran's appeal is being remanded due to the need for additional development, including an examination to determine the nature and likely etiology of his bilateral knee disability. The TDIU claim is also inextricably intertwined with this service connection issue.