Knee decisions — 2019

The Veteran's service-connected disabilities, including shrapnel wounds of the abdomen and right knee, TKA for his right knee, painful scars, ventral hernia, gunshot wounds to the thigh, tinnitus, bilateral hearing loss, and a scar from his right knee replacement, prevent him from securing and following substantially gainful employment. The Board has granted a TDIU based on these disabilities.

The Board has remanded the claims for increased ratings and service connection due to new evidence indicating that the Veteran's disabilities have worsened.

The Veteran's right and left knee disabilities, each warranting staged ratings of no more than 20 percent prior to April 17, 2013; a combined (based on a formulation of 20 percent under Code 5258 and 10 percent under Code 5003) increased rating of 30 percent from April 17, 2013 to October 4, 2016: and a combined (40 percent under Code 5261 and 20 percent under Code 5258) increased rating of 50 percent from October 4, 2016. The Veteran's tinea of the right popliteal fossa is not shown to have been manifested by scarring or to have involved at least 5 percent of the total body or exposed areas or to have required intermittent systemic therapy.

The Board has remanded the Veteran's claims for left and right knee disabilities due to incomplete development of records prior to 2009, inadequate examination findings, and need for further evidence.

The Board has remanded the Veteran's claims for an increased rating for his right knee disability and service connection for a left knee disability, including as secondary to his service-connected right knee and right ankle.

The Board has determined that the claims for increased ratings for right knee arthritis and lateral instability of the right knee need to be remanded due to the need for a new VA examination, as well as the requirement for issuance of a Supplemental Statement of the Case (SSOC).

The Board has determined that the Veteran is not entitled to a TDIU prior to March 1, 2013 due to his voluntary retirement and inconsistent employment history.

The Board has remanded the case due to inadequate examination reports and the need for further testing of the Veteran's knee condition.

The Board has reopened the Veteran's claims for service connection for undifferentiated tissue disease (claimed as weak muscle tissue), fibromyalgia, and rheumatoid arthritis. The claims are remanded for further development including a VA examination to determine the nature and etiology of these conditions.

The Board has remanded the claims for service connection for various knee and hip disabilities, as well as a low back disability due to insufficient rationale in previous VA examination reports. The Veteran is required to undergo additional VA examinations to determine the nature and etiology of these conditions.

The Veteran's lumbar spine disability was restored to a 20 percent evaluation effective December 8, 2017. Service connection for bilateral knee disabilities is granted.

The Board has remanded the Veteran's claims for service connection due to conflicting evidence and need for further examination. The issues include right knee disorder, headaches, right shoulder disorder, dizziness and fainting spells, low back disorder, and left leg shin splints.

The Board has remanded the Veteran's claim for service connection for arthritis of the bilateral knees, ankles, shoulders, and wrists due to inadequate examination in a prior decision. The examiner is asked to provide an opinion on whether it is at least as likely as not that the Veteran’s diagnosed conditions are related to his active duty military service.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports. The VA examiner was not able to provide specific degrees of motion in each state and did not estimate the additional loss of range of motion upon flare-ups.

The Veteran's right and left knee disabilities are rated at 20 percent each, with separate ratings of 10 percent for instability in the knees. The appeal is granted.

The Veteran's appeal for an increased rating for left knee osteoarthritis and patellofemoral pain syndrome has been dismissed due to the death of the Veteran.

The Board has decided to remand the case due to the need for additional evidence and a proper examination of the Veteran's right knee.

The Veteran's appeal for an increased rating in excess of 10 percent for tinnitus is dismissed. The right knee condition claim is denied. A total disability based on individual unemployability (TDIU) due to PTSD is granted, effective February 1, 2016.

The Board has determined that the Veteran's right and left knee disabilities are directly related to his active duty service, thus granting service connection for these conditions.

The Veteran's service-connected disabilities did not meet the criteria for special monthly compensation (SMC) based on aid and attendance/housebound status. For the period from May 1, 2018 to March 19, 2019, he was rated at 70 percent disabling due to multiple service-connected conditions. The TDIU claim is remanded for further review.