Knee decisions — 2018

The Board has determined that the Veteran's low back, left knee, and right knee conditions are all service-connected as they are related to his active service.

The Veteran's appeal for service connection for bilateral foot disability and knee disability was dismissed. The claim for an initial compensable rating for right ear hearing loss is denied.

The Veteran's service-connected back, left knee, and bilateral wrist disabilities require the use of braces that tend to wear or tear two distinct types of articles of clothing. The Board has determined that he is entitled to two clothing allowances for 2014.

The Veteran's claim for a clothing allowance is being remanded due to the need for additional VA treatment records and private treatment records. The AOJ will review the case again after obtaining these records.

The Board has determined that a remand is necessary to obtain updated VA treatment records and to schedule the Veteran for an appropriate VA examination to determine the nature, onset, and likely etiology of his right knee condition. The Veteran's claim will be readjudicated after these actions.

The Board has determined that a chronic right knee disability was not incurred in or aggravated by active military service and therefore denied the Veteran's claim for service connection.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU or SMC based on need for regular aid and attendance of another person. The Board finds that his other service-connected conditions, taken together, do not render him unable to secure or maintain substantially gainful employment.

The Veteran's claim for increased ratings for his lumbar spine condition, right knee enthesopathy and osteoarthritis, and right ankle sprain was denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has determined that the Veteran's left knee replacement, gastritis, GERD, and gastric ulcers are not proximately due to or the result of his service-connected myelitis. Therefore, these claims for secondary service connection have been denied.

The Veteran's appeal is being remanded for additional development, including obtaining a supplemental medical nexus opinion to address the relationship between his service-connected bilateral pes planus and his claimed low back, hip, and knee disabilities.

The Board has determined that the Veteran's cervical spine, right knee, and left knee disabilities are related to service. The claims for these conditions have been granted.

The Veteran's left knee DJD is currently rated at 10 percent, effective from the date of his claim. The VA examiner noted pain on motion and limited range of motion in flexion.,Left knee instability secondary to service-connected DJD with tendonitis and chondromalacia has been granted a 10 percent rating since December 21, 2015.

The Veteran's service-connected right knee disability was rated as non-compensable prior to June 22, 2009 and a 10 percent rating from that date. The Board found no evidence of ankylosis or recurrent subluxation/lateral instability warranting higher ratings under Diagnostic Codes 5256-5257, nor did the Veteran's range of motion meet criteria for higher ratings under Diagnostic Codes 5260 and 5261.

The Board has reopened the claim of service connection for a left knee disability and found new evidence that relates to an unestablished fact necessary to substantiate the claim. The Veteran's cancer was not present during his active service or related to such service. His TBI is currently rated at 10 percent, but he asserts it should be higher. His headaches are currently rated at 30 percent and he asserts they should be higher.

The Board found that the Veteran's right knee disability did not preexist service and was not aggravated by service, and thus denied service connection for a right knee disability. The gastrointestinal disability claim is remanded as there are insufficient post-service treatment records to establish in-service onset.

The Board has determined that additional service records are needed and a VA examination is required to determine the etiology of the Veteran's claimed conditions. The appeal will be remanded for these actions.

The Veteran's left knee disability is currently rated at 20 percent based on recurrent instability, and a separate rating of 10 percent for limitation of flexion due to pain. The lumbosacral spine disability is also rated at 20 percent. No higher ratings are warranted as the evidence does not support ankylosis or severe forward flexion limitations.

The Board denied the Veteran's claim for service connection for a left knee disability, finding that her current condition is not related to her active duty service or service-connected bilateral pes planus.,The Veteran was also denied TDIU due to her service-connected disabilities not precluding gainful employment.

The Veteran's right and left knee instability have been rated as 10 percent each, but the Board has granted separate ratings of 20 percent for semilunar cartilage dislocation in both knees.,The Veteran is also entitled to a combined rating of 40 percent for his service-connected knee disabilities.

The Board found that the Veteran's left knee disability did not manifest in service, is not related to service, and is not proximately due to a service-connected disability.