Knee decisions — 2018

The Board has remanded the case for further development and consideration of the Veteran's claims, including a retrospective VA examination for his lumbar spine disability from 1975 to May 2001, clarification on the removal of the award of a 10 percent rating for degenerative joint disease of the left knee under Diagnostic Code 5261, and a supplemental opinion regarding limitation of extension of the left knee prior to September 15, 2011.

The appeal is being remanded for additional development due to recent changes in the evidence. The Veteran's claims will be reconsidered after this new information.

The Veteran withdrew from appellate consideration the issues on appeal, including the increased rating claim for degenerative disc and joint disease of the lumbosacral spine, and the service connection claims for bilateral hearing loss, obstructive sleep apnea, glaucoma, bilateral gynecomastia, status post subcutaneous mastectomy, left and right knee disorders, left and right shoulder disorders, a cervical spine disorder, and rheumatoid arthritis.

The Veteran's claim for an increased rating for his right knee disability prior to January 26, 2011 was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or instability. For the period beginning March 1, 2012, the Veteran is rated at 30 percent for total knee replacement with limited range of motion.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected right knee disability and its impact on daily life. The claim will be reconsidered after this additional development.

The Board has ordered a new VA medical examination to assess the Veteran's left knee disability, including range of motion and pain during testing. The case is remanded for further development.

The Veteran is granted a 60 percent rating for chronic residuals of bilateral knee replacements from March 14, 2011 to exclude periods of temporary total disability. The ratings are effective as of the date of claim.

The Veteran's appeal for higher ratings for his service-connected left knee disabilities was granted. Effective August 31, 2016, he is now rated at 10 percent for impairment of the left knee and a separate 10 percent rating has been assigned for extension limitation in status post ACL reconstruction of the left knee (prior to March 20, 2006).

The Veteran's left knee disability is granted as secondary to his service-connected left lower extremity radiculopathy. Service connection for bilateral pes planus and right ankle lateral collateral ligament sprain are denied.

The Board has granted a 40 percent evaluation for the Veteran's lumbosacral spine disability, effective from October 2012. A separate 20 percent evaluation was also granted for radiculopathy of the right lower extremity due to the lumbosacral spine disability. The left knee arthritis claim is remanded as it is inextricably intertwined with the TDIU claim.

The Veteran's left knee arthritis is being remanded for additional development to determine its etiology, specifically whether it was caused or aggravated by his right knee disability resulting from a VA surgery in August 2005.

The Veteran's service-connected left knee disability, including chondromalacia, meniscus tear, and ACL repair, has been rated at 10 percent since May 2009. The Board found that the current rating adequately reflects her symptoms of pain, tenderness, limitation of flexion, and instability.

The Veteran's appeal has been dismissed as he withdrew his appeal regarding the issue of entitlement to a rating in excess of 20 percent for lumbosacral spine injury with degenerative joint disease and erectile dysfunction associated with total knee replacement, right knee.

The Board has determined that the Veteran does not have a current diagnosis of a headache disability, and thus service connection for this condition is denied.

The Veteran is seeking a TDIU from November 6, 2006 to December 23, 2008. The Board has determined that the case should be remanded for consideration of extraschedular TDIU.

The Board has remanded the case for additional development, including obtaining a new medical opinion regarding the causation or etiology of the Veteran's left knee disability and whether it was aggravated by his service-connected right knee disability.

The Veteran's IBS has been rated at 30 percent since November 26, 2013. The Board finds a 30 percent rating is warranted for the entire appeal period.

The Board has determined that the Veteran's preexisting right knee disability was aggravated during his service, and therefore grants service connection for degenerative joint disease of the right knee.

The Veteran's service-connected DJD of the left knee with limitation of extension and flexion has been rated at 30 percent since prior to August 2, 2013. The current rating is appropriate as there was no evidence of ankylosis or instability.

The Veteran's service-connected disabilities result in the functional equivalent to the loss of use of a foot, warranting automobile and adaptive equipment or adaptive equipment only.