Knee decisions — 2018

The Veteran's left knee disability, characterized by slight genu recurvatum and limited range of motion, is currently rated at 10 percent under Diagnostic Code 5263 for limitation of extension. The Board finds no basis to grant a higher rating.

The Veteran's right knee disabilities have been evaluated based on their current functional limitations, and no higher ratings are warranted as the evidence does not show limitation of motion or instability that would justify a rating in excess of those currently assigned.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has ordered additional development due to inadequate examinations, including the need for testing on pain during active and passive motion in weight-bearing and non-weight-bearing conditions. The Veteran's right knee disability is being remanded for further evaluation.

The case is REMANDED to the AOJ for additional development, including obtaining updated VA treatment records and any pertinent private treatment records. The Veteran should also be scheduled for appropriate VA examinations to determine the current nature and severity of her lumbar spine and bilateral knee disabilities.

The Board has remanded the Veteran's claims for service connection for bilateral knee disabilities due to inadequate examination and reasoning in previous decisions.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as per VA regulations, and there is no evidence of an extraschedular TDIU.

The Veteran's left knee disability was rated at 20 percent prior to March 17, 2009 and increased to 60 percent from May 1, 2010. The right knee degenerative joint disease is currently rated at 30 percent. Service connection for low back disability, cervical spine degenerative disc disease, and cervical radiculopathy of the right arm are granted as secondary to total left knee arthroplasty.

The Veteran's claim for higher ratings for his left knee degenerative arthritis and total replacement was granted, with the initial rating of 20% for the degenerative arthritis prior to June 14, 2016, and a 30% rating for the total replacement from September 1, 2017. The claim is denied before that date.

The Veteran's right knee disability is rated at 10 percent for loss of flexion, extension, and instability since January 18, 2017. The rating remains denied as the condition does not warrant a higher rating.

The Board has remanded the case for additional development due to an inadequate opinion regarding functional loss in terms of range of motion during flare-ups. The Veteran's right knee disability claim remains pending.

The Board has determined that additional development is needed before the issues on appeal can be decided. The Veteran's service connection claims for lumbar spine, left shoulder, and bilateral knee disabilities are being remanded to allow for further examination and consideration.

The Veteran's claims for service connection for fatigue and painful joints, headache disorder, and gastroesophageal reflux disease (GERD) have been denied as these conditions are not related to his active duty service.

The Veteran's PTSD is rated at 70 percent, and he has been granted a TDIU based on his service-connected disabilities. The right knee disorder remains in dispute.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his hearing loss, tinnitus, and right knee disorder claims. The Board will not make a final decision on these issues until further review.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected right knee chondromalacia patella, and for any updated treatment records.

The Board has determined that new and material evidence has not been submitted to reopen claims for sleep apnea, diabetes mellitus, type II, and hypertension. The claim for service connection for a right knee disability is reopened but the Veteran's right knee disability is not found to be related to his period of active service.

The Veteran's claims for service connection for bilateral knee disabilities and a respiratory disability, claimed as COPD, are being remanded due to the need to obtain additional medical records and provide VA examinations.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of the Veteran's claims.

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