Knee decisions — 2018

The Board has determined that the Veteran's right knee disability warrants a rating of 30 percent, which is the maximum schedular rating available under Diagnostic Code 5055. The Veteran does not meet the criteria for an increased rating as his condition does not include severe painful motion or weakness, extension limited to 30 degrees or more, ankylosis, or tibial or fibular impairment.

The Veteran's claims for increased ratings for right and left knee disabilities were denied as the evidence did not meet the criteria for higher evaluations.

The Veteran is granted clothing allowances for her bilateral knee braces and back brace due to the wear and tear they cause to her clothes, as determined by the Board after considering the Veteran's personal observations.

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Board has remanded the case for additional development due to inadequate examination in a previous decision.

The Veteran's hearing loss was not incurred or aggravated by service, and may not be presumed to have been incurred therein.,The Veteran's bilateral knee condition is not etiologically related to active duty service.,The criteria for service connection for PTSD have not been met due to lack of corroborated stressor.,The Veteran's insomnia is not etiologically related to service and has been contemplated in the rating for his service-connected Anxiety and Alcohol Disorders.

The Board has granted service connection for left knee degenerative arthritis as secondary to the Veteran's service-connected right knee disorder. The TDIU issue is inextricably intertwined and will be addressed after the rating assignment.

The Veteran's claim for service connection for a right knee condition, to include as secondary to left knee patellar tendonitis, is granted. The examiner will provide an opinion on the nature and likely etiology of any current right knee disability.

The Board finds the preponderance of evidence against the Veteran's claim for nonservice-connected pension benefits, as his medical problems do not prevent him from obtaining and maintaining gainful employment.

The Board has remanded the case for additional development, including obtaining VA treatment records and an addendum medical opinion to address whether any currently diagnosed right and/or left knee disorder preexisted service or is related to military service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support higher ratings or service connection for his right knee, bilateral hearing loss, deviated septum, pes planus, or hammer toes.

The Board has determined that the Veteran's claimed conditions, including arthritis of the lumbar spine, hips, shoulders, and knees, as well as hypertension, were not incurred or aggravated by service. The evidence does not support a finding of continuity of symptomatology since service separation.

The Veteran's right knee has been rated at 60 percent since May 1, 2015 due to chronic residuals following total knee replacement. He also had a rating of 30 percent for recurrent subluxation and instability from August 1, 2009, until March 11, 2014, and 20 percent for dislocated cartilage with frequent episodes of locking and effusion since May 1, 2015.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and attempting to obtain private medical records. The claim will be reconsidered after these actions.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including scheduling a VA examination.

The Veteran's left knee disability was rated at 10 percent prior to June 20, 2007 and increased to 30 percent effective August 1, 2008.

The Board denied service connection for heart disability and dismissed earlier effective date claims based on CUE in prior RO decisions for left knee, left shoulder, right shoulder, and sinusitis disabilities.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining updated treatment records, scheduling examinations, and providing VCAA notice.

The Board has denied the Veteran's claims of service connection for low back condition, cervical spine condition, bilateral hip condition, bilateral knee condition, left upper extremity neuropathy, bilateral lower extremity neuropathy, and radiculopathy. The Board also found that a right ankle disability is not secondary to his service-connected left ankle disability.

The Veteran's claims for service connection on the right knee disorder, dermatophytosis, and pes planus are being remanded due to a lack of VA treatment records. The case will be reviewed again after obtaining any relevant medical evidence.