Knee decisions — 2018

The Veteran's claim for asthma has been broadened to a claim for a breathing condition, to include asthma. The Board finds that the Veteran is not entitled to an initial compensable evaluation for his left ankle disability and hammer toes.,The Veteran seeks increased ratings for his right knee disability, left ankle disability, and hammer toes. However, the evidence does not support granting higher evaluations.

The Board has determined that the Veteran's claims for PTSD, left knee disability, and right knee disability cannot be granted as there is no credible evidence of an in-service event or injury related to these conditions. The Veteran's reports of a bus accident during service are deemed noncredible.

The Veteran's claims for increased ratings of her service-connected bilateral retropatella pain syndrome and right foot bunion were denied. The Board found that the evidence did not support a higher rating based on current disability, in-service incurrence or aggravation of a disease or injury, or medical nexus.

The Board has remanded the case for additional development, including obtaining medical opinions and expanding the claims file with any outstanding records of VA treatment. The Veteran's service connection claims will be reconsidered based on the new evidence.

The Board has determined that the Veteran's tinnitus began in service and is related to his active duty service, granting service connection. The issue of a bilateral knee disorder remains pending as additional evidence was requested.

The Board has denied the Veteran's claims for service connection for a skin condition, right knee disorder, and left knee disorder due to lack of evidence linking these conditions to his active duty service.

The Veteran's left knee arthritis and instability have not been found to warrant evaluations in excess of the currently assigned 10 percent ratings.,Right knee arthritis has also not met the criteria for a higher evaluation. However, right knee limitation of extension is now rated at 20 percent effective from March 1, 2017.

The Veteran's claim for an initial rating in excess of 50 percent for major depressive disorder is granted, effective June 26, 2006.

The Veteran's appeal is being remanded for a new VA examination to assess the impairment resulting from his service-connected left knee disability, including range of motion testing and other relevant factors. The issue will be reconsidered after this additional development.

The Veteran's right knee disability is currently rated at 60 percent, the maximum schedular rating under Diagnostic Code 5055. The Board found that his symptoms of severe painful motion and weakness meet the criteria for this highest rating.

The Board denied service connection for a bilateral knee disorder and an increased rating for the Veteran's plantar fasciitis, finding that there was no evidence linking these conditions to his military service or to his service-connected foot condition.

The Veteran's service-connected disabilities (major depressive disorder, varicose veins of the right leg, and residual scars from right inguinal hernia) rendered him unable to care for his daily needs without requiring the regular aid and attendance of another person.,At the time of his death, the Veteran was also found to be service connected for bilateral knee osteochondritis. However, this issue is not currently before the Board as it has not been perfected through a timely appeal.

The Veteran's low back disability is granted service connection, and his right knee disability qualifies for a temporary total evaluation due to surgery. The left knee disability claims are pending.

The Veteran's right knee disability is currently rated as 10 percent disabling for the residuals of his injury with degenerative joint disease, and no more than a 20 percent rating is warranted for associated meniscus complications. The appeal has been granted.

The Veteran has withdrawn his appeals regarding the right knee disorder and temporary total disability evaluation under 38 C.F.R. �� 4.29, 4.30 for right total knee arthroplasty residuals.

The Veteran's left wrist disability is found to be aggravated by his service-connected bilateral knee disabilities. His right knee disability has been rated as 20 percent disabling prior to February 6, 2016.

The Veteran's left knee disorder is currently rated at 60 percent, the maximum schedular rating under Diagnostic Code 5055 for post-operative residuals of a total left knee replacement. The appeal is denied as there are no issues regarding service connection.

The Veteran's claim for an initial disability rating in excess of 10 percent for right knee chondromalacia was denied. The Board found that the evidence did not show flexion limited to 45 degrees or extension limited to 10 degrees, which would warrant a higher rating.,A separate 10 percent rating based on right knee instability was granted.

The Board has determined that the Veteran's right and left knee disabilities were not incurred or aggravated during service, and are not otherwise related to service. The preponderance of evidence does not support a finding in favor of service connection for these conditions.

The Board denied the Veteran's claim for an effective date earlier than October 1, 2008 for a total disability rating based on individual unemployability (TDIU). The TDIU arose on October 1, 2008, when the Veteran stopped working. The effective date of October 1, 2008 is correct as it is the later of the date of claim and the date entitlement to a TDIU arose.