Knee decisions — 2018

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his active duty medical records and service personnel file. The TDIU claim is also being remanded as it depends on the outcome of these other claims.

The Veteran's claims for bilateral knee and lumbar spine disabilities were previously denied, but not reopened. The cervical spine disability claim was denied.,The Veteran's hearing loss is currently rated at 10% prior to July 15, 2015, and 10% thereafter. Tinnitus is assigned a 10% rating.,PTSD is rated at 30% since July 21, 2015. Ischemic heart disease remains rated at 30%. The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's appeal is being remanded for additional development, including new VA examinations and a supplemental statement of the case.

The Board has determined that the Veteran does not have a current diagnosis of right lower extremity radiculopathy or bilateral knee disability, and therefore service connection for these conditions is denied.

The Veteran's appeals for service connection for prostate condition, right ankle disability, and acquired psychiatric disorder (including PTSD) have been withdrawn. The Board has determined that the Veteran's acquired psychiatric disorder is due to his own willful misconduct.

The Board has remanded the case due to incomplete information and need for further examination. The Veteran's claims for service connection are pending.

The Board has remanded the case due to the need for a VA examination regarding the Veteran's left knee disability.

The Veteran's GERD with Barrett's esophagus was incurred during active service and the Board found it meets the criteria for service connection. The bilateral knee disability claim is pending as part of a separate remand.

The Veteran's claim for a temporary total evaluation due to treatment of his service-connected left knee condition is being remanded by the Board for further adjudication.

The Veteran's TDIU claim is granted as his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for higher ratings and earlier effective dates for his service-connected tinnitus was denied as there is no legal basis for a schedular evaluation in excess of 10 percent or an effective date prior to August 21, 2013. The Veteran does not have other disabilities that would warrant separate evaluations.

The Board has determined that the Veteran did not have service in Vietnam or any other overseas location where he could have been exposed to herbicides. Therefore, his claims for diabetes mellitus, coronary artery disease, hypertension, an acquired psychiatric disability, a right knee disability, a left knee disability, a lumbar spine disability, a right hip disability, a left hip disability, a disability manifested by right leg pain and swelling, a disability manifested by left leg pain and swelling, and chronic kidney disease cannot be granted on the basis of presumptive exposure to herbicides. The Board also found no direct service connection for these conditions.

The Board has determined that the current appeal involves symptomatology similar to a previous claim, and thus new and material evidence is required to reopen the claim for service connection. The Veteran's bilateral knee disability was not incurred in active service.

The Board has granted service connection for left shoulder and hip conditions as secondary to the Veteran's service-connected chronic subjective dizziness.,Service connection is also granted for a left knee condition, but additional development is needed due to conflicting evidence.

The Veteran's left knee, lumbar spine, and cervical spine disabilities are found to be secondary to his service-connected pes planus.,An initial disability rating of 20 percent for bilateral pes planus is granted effective October 2, 2012.

The Veteran's claim for service connection for a left knee disability is being remanded due to the need for additional development, including obtaining updated medical records and conducting an orthopedic examination.

The Veteran's right knee injury residuals are currently rated at 10 percent, and she is seeking a higher rating. The Board found the evidence insufficient to warrant a higher rating under DC 5257 for instability.,The Veteran has degenerative arthritis of the right knee, but her range of motion does not meet the criteria for a compensable rating under DCs 5260 or 5261. She is therefore entitled to a separate 10 percent rating for arthritis with non-compensable limitation of motion.

The Veteran's claims for increased ratings for left knee instability and limitation of flexion have been denied as his symptoms do not warrant a higher rating under the applicable diagnostic codes.

The Board has determined that the Veteran's current allergy, lumbar spine disability, and bilateral knee osteoarthritis are not service-connected. The Board found no evidence of a nexus between these conditions and his period of active service.