Knee decisions — 2018

The Board has remanded the Veteran's claims due to the need for further development, including a new examination or medical opinion regarding the etiology of his right and left knee disabilities.

The Board has determined that the Veteran does not have service connection for hypertension, right knee disability, or left knee disability.

The Board has remanded the Veteran's claims for a new VA examination due to unavailability of treatment records from his period of active service. The Veteran is seeking service connection for arthritis in multiple joints.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate VA examinations. The case will be returned to the Board after new examinations are obtained.

The Veteran's service-connected right knee disability is currently rated as 20 percent disabling effective June 14, 2017.,Prior to June 14, 2017, the Veteran's service-connected left knee disability was rated as 30 percent disabling.

The Board has remanded the case due to the failure to issue a Statement of the Case (SOC) for the issue of entitlement to a compensable rating for surgical scars of the left knee. The Veteran must be provided an opportunity to perfect his appeal by filing a substantive appeal if he wishes to continue the appeal process.

The Veteran's left knee disability has been rated at 10 percent since the appeal period began. The right knee disability was also initially rated at 10 percent, but a higher rating is not warranted for any point in time.

The Veteran is granted a rating of 10 percent for right knee arthritis beginning January 28, 2016.,A separate 20 percent rating is granted for right knee cartilage impairment.

The Veteran is seeking increased ratings for his service-connected residuals of arthroscopic surgery of the right knee. The Board has determined that a rating in excess of 10 percent before March 11, 2009 and in excess of 30 percent beginning March 11, 2009 are not warranted.,The Veteran's service-connected residuals of arthroscopic surgery of the right knee have been rated based on painful motion. The evidence does not support a rating in excess of 10 percent before March 11, 2009 because the Veteran experienced only painful movement, not a limited range of motion.,Beginning March 11, 2009, the evidence shows that the Veteran's right knee extension was limited to 20 degrees. A separate compensable rating for limitation of flexion would require evidence of flexion limited to 45 degrees.

The Board has granted a 20 percent rating for the Veteran's right ankle disability since July 2013, effective from August 31, 2013. The initial ratings of 10 percent for left knee degenerative changes and lateral instability/subluxation remain unchanged. No compensable rating was assigned for the chip fracture of the right middle finger.

The Board has remanded the case for additional development, including scheduling a VA examination and contacting various parties to locate the Veteran.

The Board has remanded the case for additional development, including an addendum opinion from a VA examiner to address the Veteran's claims of service connection for back and left knee disabilities. The right knee disability rating issue is also being remanded.

The Veteran's right knee disability was granted service connection and rated at 30 percent prior to January 5, 2010. From that date, the Veteran's right knee disability is rated at 30 percent. The Veteran's cervical spine disability is also granted service connection but not rated as it does not meet the criteria for a compensable rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's current left knee disorder, diagnosed as arthritis, did not manifest during service or within one year of separation and is not causally related to active military service. The claim for service connection for a left knee disorder is therefore denied.

The Veteran's traumatic arthritis of the right knee has been rated at 20 percent, which is the maximum schedular rating available for this condition. The evidence does not support a higher evaluation as there is no indication that his disability picture warrants an extraschedular evaluation.

The Board denied the Veteran's claims of service connection for PTSD, bilateral hearing loss, right knee osteoarthritis, and pes planus. The evidence did not meet the criteria for a diagnosis of PTSD based on DSM-IV standards.

The Board has denied the Veteran's claim for service connection for degenerative joint disease of multiple joints, including his shoulders, hands, and knees. The evidence does not support a finding that this condition was incurred in or aggravated by active military service.

The Board has determined that the Veteran's low back and bilateral knee disabilities are not service-connected as they are not shown to have been incurred or aggravated during his active duty service.

The Veteran's right knee disability did not warrant a rating in excess of 30 percent, and the need for convalescence following his surgeries was not established.

The Veteran's claims for increased ratings for his low back and right knee disabilities have been remanded by the Board due to additional development being required.