Knee decisions — 2018

The Veteran's claim for a TDIU was granted, with the effective date being from the date of receipt of his application. The combined disability rating is at least 70% due to service-connected disabilities.

The Veteran's appeal is being remanded for further development due to the need for additional VA examinations regarding his right knee and right elbow disabilities, specifically addressing flare-ups.

The Veteran's low back disability with spondylolisthesis, DJD, and disc disease is currently rated at 40 percent. The RO has not provided a higher rating as the evidence does not show ankylosis or incapacitating episodes.,For his right knee injury, the Veteran is already receiving the maximum schedular evaluation of 10 percent under Diagnostic Codes 5010-5260. The VA examiner found flexion limited to 92 degrees and extension limited to 10 degrees upon repetitive use, which corresponds to a non-compensable rating.,The Veteran's radiculopathy of the left lower extremity is rated at 10 percent under Diagnostic Code 8520. The VA examiner found mild incomplete paralysis, which does not warrant a higher rating.,For his right lower extremity radiculopathy, the Veteran is also rated at 10 percent under Diagnostic Code 8520. Similar to the left side, the VA examiner found mild incomplete paralysis, which does not warrant a higher rating.,The Veteran's migraine headaches are currently rated at 30 percent effective December 9, 2010, and 50 percent from September 11, 2013. The RO has not provided a higher rating as the evidence does not show more than very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's sleep apnea is not service-connected. The VA examiner found no medical evidence linking his sleep apnea to military service or service-connected migraine headaches.,For the period from August 18, 2010, to January 5, 2015, the RO has granted a TDIU based on the Veteran's combined 100 percent schedular rating for his service-connected disabilities.

The Board has determined that the evidence does not support a finding of service connection for a bilateral knee disorder, as there is no competent medical evidence demonstrating that the condition was incurred during or aggravated by periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA).

The Board found that the Veteran's right knee disability was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran was granted a TDIU based on his service-connected left knee and low back disabilities, effective December 1, 2012. The appellant is eligible for payment of attorney fees from past-due benefits due to this award.

The Veteran's left knee chondromalacia patella has not limited motion to less than 45 degrees, nor produced functional impairment equivalent to such limitation from July 12, 2012. Therefore, a higher disability rating is denied.

The Board has granted service connection for a right knee disability and hypertension, finding that the Veteran's current disabilities are likely related to his military service. The claim for hypertension is based on aggravation of a pre-existing condition during active duty.

The Board found that the Veteran's right knee disorder, including arthritis, medial meniscus tear and degenerative joint disease, was not incurred in or caused by service.

The Board has determined that the Veteran's right knee disability is related to service, and thus granted her claim for service connection. The left knee disability claim requires additional development as an addendum opinion from a clinician is needed.

The Veteran's initial 20 percent rating for left leg disability is discontinued, and he is now assigned three separate ratings: a 10 percent rating under Diagnostic Code 5259 (surgically removed semilunar cartilage), a 10 percent rating under Diagnostic Code 5003 (left knee arthritis), and a 10 percent rating under Diagnostic Code 5271 (limited motion of the ankle).

The Board has determined that additional development is needed before the case can be properly adjudicated, including obtaining updated medical records and scheduling a VA examination for the Veteran's knee disorders.

The Board has determined that the Veteran's left knee disorder was not incurred or aggravated during his military service and is not related to any in-service injury. As a result, the claim for service connection for a left knee disorder is denied.

The Board has found that the Veteran's right and left knee disabilities are etiologically related to service, resolving all reasonable doubt in his favor.

The Board has remanded the case for additional development, including obtaining new VA examinations and obtaining outstanding private or VA treatment records.

The Veteran has withdrawn his appeal, and the Board does not have jurisdiction over the issues.

The Board has reopened the Veteran's claim of service connection for PTSD and is REMANDING the remaining claims (left shoulder, right shoulder, left knee, and right knee conditions) to the agency of original jurisdiction for further development.

The Veteran seeks service connection for bilateral foot and knee disabilities, but has not been afforded VA examinations to determine the etiology of these conditions. The case is REMANDED for such examinations.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current nature and severity of his service-connected right knee disability.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete development of evidence, including a need for additional examinations.