Knee decisions — 2018

The Board has decided to remand the claims of service connection for a back disability, right knee disability, and left knee disability due to new evidence received since the last supplemental statement of the case.

The Veteran's left and right knee disabilities are currently rated at 10 percent each, with no higher ratings possible under the applicable diagnostic codes.,Separate ratings for post-operative hammertoes of both feet have also been denied.

The Veteran's left knee osteoarthritis and osteoarthrosis are granted as service-connected, with a grant of initial compensation for this condition. The Veteran's hypertension is not found to be related to Agent Orange exposure or his PTSD.,An initial compensable rating for bilateral hearing loss is denied.

The Board has denied service connection for bilateral hearing loss and remanded the claims of service connection for a back disability, left knee disability, right knee disability, and neck disability due to outstanding records.

The Veteran's service-connected disabilities have rendered him unemployable since July 2, 2014, and a total rating for compensation purposes based on individual unemployability is granted.

The Veteran's appeal is remanded to obtain a retrospective medical opinion regarding the severity of his right knee limitation of motion from February 2013 to May 2017.

The Veteran's claim for an increased rating for other specified depressive disorder with other specified anxiety disorder was denied as the symptoms do not meet or approximate the criteria for a higher disability rating.,Service connection for renal insufficiency was denied because there is no evidence of current renal dysfunction and the Veteran does not have a diagnosis of renal insufficiency.

The Veteran's service-connected knee disabilities resulted in a separate disability rating of 30 percent for limited flexion and chronic sleep impairment, effective from November 1, 2009.

The reduction from 30% to 10% rating for limitation of extension of service-connected left knee DJD is granted. The reduction from 30% to 10% rating for limitation of extension of service-connected right knee DJD is denied.

The Board has granted service connection for bilateral knee DJD and asthma, finding that the evidence is in equipoise as to whether these conditions are related to service. The Veteran's current diagnoses of hypertension have not been addressed due to a lack of VA examination.

The Veteran's acquired psychiatric conditions, including PTSD and depression, are granted as service connected. The low back disability and bilateral knee disabilities are denied.

The Veteran withdrew his appeal regarding the claim of service connection for a right knee disability before the Board could make a decision.

The Veteran's acquired psychiatric disorder is granted as secondary to his service-connected disabilities. The VA has remanded for further examinations and evaluations of the Veteran's knees, feet, back, and hips.

The Board has decided to remand the case due to the need for additional medical records and a review of the claim. The Veteran's left knee disability is not service-connected as there are no records showing it was aggravated in service, but the records do show treatment for osteochondritis dessicans prior to 1977.

The Board has granted service connection for the Veteran's bilateral foot disorder and right knee disorder. The appeal regarding a back disorder is remanded.

This case involves multiple issues including an earlier effective date for bilateral pes planus, service connection for tinnitus with consideration of CUE in a 1977 rating decision, and ratings for right and left knee disabilities. The Board has remanded these matters due to the need for further action.,An earlier effective date is denied for the increased evaluation of 30 percent for bilateral pes planus as it was not factually ascertainable that an increase in disability occurred within one year prior to the claim filing on January 14, 2013. The Veteran's contention regarding tinnitus service connection is also denied due to lack of a formal or informal communication indicating intent to apply for service connection before June 14, 2010.,Right and left knee disabilities are remanded as the evidence does not meet the criteria for a rating in excess of 10 percent.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include right shoulder, back, bilateral knee disorders, and initial rating for right ankle strain.

The Veteran's claim for service connection for polycystic kidney disease has been reopened. The ratings for PTSD, lumbar spine disability, and right knee patellofemoral syndrome have been remanded.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, warranting a TDIU.

The Board has granted the Veteran's claims of entitlement to service connection for right knee disability, major depressive disorder, erectile dysfunction, and headaches. The decision is based on direct service connection as there are no allegations or evidence suggesting a presumption-based claim.