Knee decisions — 2018

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for right and left knee disabilities. The Board also found that these conditions are etiologically related to active service.

The Veteran's appeal is currently pending and requires additional development of medical evidence, including a new VA examination to assess the current severity of his left and right knee disabilities. The AOJ will then review the claims and readjudicate them.

The Veteran's service-connected thoracic spine disorder, bilateral shoulder disorders, bilateral hip disorders, bilateral ankle disorders, and bilateral knee disorders have been granted a 100% evaluation effective August 27, 2015.,The Veteran's service-connected left and right shoulder osteopenia, left and right hip osteopenia with synovitis, right knee osteopenia/strain based on instability, and left knee osteopenia/strain based on instability have been granted a 20% evaluation effective September 10, 2014.

The Board denied the Veteran's claims for service connection for right knee advanced tricompartmental DJD and low back disability, finding that there was no evidence to support a secondary relationship between these conditions and his service-connected left knee severe tricompartmental DJD with effusion, pseudo laxity, and scar.,The Board also denied the Veteran's claims for service connection for right knee advanced tricompartmental DJD and low back disability, finding that there was no evidence to support a secondary relationship between these conditions and his service-connected left knee severe tricompartmental DJD with effusion, pseudo laxity, and scar.

The Board denied the Veteran's claims for earlier effective dates and service connection, finding that his initial claims were abandoned due to failure to provide necessary information about his separation from active duty. The Board also found that he was not entitled to an earlier effective date for his right knee and skin disabilities as they occurred after he had already left active duty.

The Board has remanded the case for a new examination to assess limitation of motion and additional functional loss due to flare-ups. The Veteran is also entitled to separate ratings for post-operative right knee degenerative joint disease with scaring on the basis of symptomatic removal of the semilunar cartilage.

The Board has granted service connection for psychiatric disability, right knee disability, and residuals of a tibia fracture. However, the Veteran's initial ratings have not been increased beyond the assigned levels.

The Board has determined that the Veteran's current low back and knee disabilities did not arise during service or are otherwise related to his military service. The evidence does not support a finding of service connection for these conditions.

The Veteran's service connection claims for residuals of parvovirus B19 infection and Eustachian tube dysfunction are granted. The Board finds that the conditions were incurred in active service.

The Board has determined that the Veteran's left knee arthritis is secondary to his service-connected right knee disability and grants service connection for this condition.

The Board has remanded the case for further development, including a new VA examination and readjudication of the claims.

The Veteran's claims for increased ratings for arthritis of the right and left knees, as well as a claim for a total disability rating based on individual unemployability, are being remanded to allow for additional development.

The Veteran's left and right knee degenerative arthritis have been rated at 10 percent each, but the evidence does not support a higher rating as there is no indication of limitation of flexion or extension beyond what is already contemplated by these ratings.

The Board has remanded the case for additional development, including obtaining new examination reports and private treatment records. The Veteran's claims for increased rating of his left knee disability and entitlement to TDIU are inextricably intertwined.

The Veteran's claims for increased ratings for right knee instability and degenerative joint disease, right knee status post tibial fracture were denied as the evidence did not meet the criteria for a higher rating.

The Veteran's right knee disability, including osteoarthritis and total knee replacement, has been rated at 60 percent since January 1, 2012. The appeal is granted for this rating.

The Veteran's appeal is being remanded due to deficiencies in the December 2016 VA examination, specifically regarding functional loss during flare-ups and repetitive use. The case will be returned for an addendum opinion.

The Veteran's shell fragment wounds have resulted in scars and other physical impairments, but the evidence does not support a compensable rating prior to September 29, 2016. After that date, there is no objective evidence of pain or instability on examination of his scars. For the period after September 29, 2016, the Veteran's shell fragment wounds have resulted in some functional impairment but not severe disability.,The Veteran's left shoulder injuries are currently rated as a deltoid strain and do not meet the criteria for a rating in excess of 30 percent.

The Veteran's right knee disability has been manifested by painful noncompensable limitation of flexion to 80 degrees and painful cartilage removal, but without recurrent subluxation, lateral instability, dislocated cartilage, and frequent episodes of locking and effusion. The criteria for a rating in excess of 10 percent have not been met.

The Veteran's left knee disability has been evaluated at the maximum available rating since March 1, 2013. Prior to that date, he was already receiving the highest possible evaluation for his condition.