Knee decisions — 2019

The Veteran's right knee replacement is rated at 30% prior to December 5, 2016 and 60% thereafter. A separate 10% rating for right knee instability from July 27, 2011 to December 4, 2016 is granted. An initial rating higher than 10% for left knee ACL instability prior to December 5, 2016 and higher than 20% thereafter is denied. A rating higher than 10% for limitation of flexion associated with left knee arthritis prior to June 3, 2013 is denied. A 30% rating for left knee limitation of flexion from June 3, 2013 to December 4, 2016 is granted. A rating higher than 30% for left knee limitation of extension from June 3, 2013 and higher than 50% from December 5, 2016 is denied. Entitlement to a TDIU from January 1, 2014 is granted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for residuals of a left knee injury, rhinitis, and hypertension. The claim for residuals of a left knee injury is granted.,Service connection is established for right shoulder sprain with limitation of motion.

The Board has remanded the Veteran's claims for service connection and increased rating of his cervical and lumbar spine disabilities, as well as bilateral ankle and right knee disabilities due to inadequate VA examinations. The new examinations are needed to determine the nature and etiology of these conditions.

The Veteran's petitions to reopen his claims of service connection for fibromyalgia and a back disorder were dismissed. The petition to reopen his claim of service connection for tinnitus was granted, but the other petitions were denied due to lack of new and material evidence.

The Veteran's arthritis of the right knee is rated at 30 percent prior to February 5, 2015 and at 40 percent from that date. The Veteran also has instability with muscle atrophy of the right knee which warrants a separate 10 percent rating. Service connection for a left knee disability was denied.

The Veteran's claims for diabetes mellitus, type II and hypertension were denied as there is no evidence of a disease or injury in service.,The Veteran's claims for right knee disability, right ankle disability, right lower extremity peripheral neuropathy (left foot), left lower extremity peripheral neuropathy (right foot), gout right foot, and gout left foot were also denied as there is no evidence of a disease or injury in service.

The Veteran's claims of service connection for low back and left knee disabilities have been reopened, but the issues remain remanded due to insufficient evidence.,The effective date for a 40 percent rating for traumatic brain injury (TBI) remains September 27, 2011.

The Veteran's initial 10 percent rating for right knee DJD is granted through January 20, 2010. A separate initial rating of 10 percent for right knee impairment is granted as of April 4, 2008.

The Board has denied the Veteran's claims for increased ratings for his left knee sprain, chronic right epididymo-orchitis, and adjustment disorder with depressed mood. The claim of entitlement to a total disability rating based on individual unemployability due to service-connected disorders is also remanded.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and records.

The Veteran's right knee DJD is currently rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating.

The Veteran's claims for increased ratings for chondromalacia of the right patella with degenerative joint disease and degenerative joint disease of the left knee were denied. The current rating of 10% is maintained.

The Veteran's service connection claims for a chronic left knee disorder, lumbar spine disorder, upper gastroesophageal disorder, and obstructive sleep apnea were denied. The Board found that there was no evidence of a current disability or a link to active service.,There is no medical evidence showing the Veteran had any chronic left knee disorder during his military service or at any time since then.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to the Veteran's failure to appear at a scheduled videoconference hearing and his testimony during a July 2016 DRO hearing. The issues are related to pain in various body parts, including back, left elbow, left knee, and right leg, which is attributed to VA medical treatment.

The Veteran's appeal for an increased disability rating for their right knee disability has been dismissed as the Veteran withdrew the appeal.

The Veteran's claim for a left knee disability was denied multiple times. The most recent denial occurred in March 2010 and he did not appeal it within one year. He filed another claim on April 10, 2013, which resulted in the grant of service connection for left knee total joint replacement with an effective date of April 10, 2013.

The Veteran's appeal is remanded for additional examinations and development of the record to determine appropriate disability ratings and TDIU.

The Board has remanded the Veteran's claims of service connection for left knee, right knee, and back disabilities due to outstanding records and need for additional medical opinions.

The Veteran's right and left knee patellofemoral syndrome, arthritis of the lumbar spine with lumbar strain, and right foot metatarsalgia with calcaneal spur are not rated higher than 10 percent prior to May 16, 2011.,For the period beginning May 16, 2011, the Veteran's right knee patellofemoral syndrome is rated at 10 percent; left knee patellofemoral syndrome and arthritis of the lumbar spine with lumbar strain are each rated at 10 percent; and right foot metatarsalgia with calcaneal spur is rated at 20 percent.,The Veteran's tension headaches are rated at 30 percent prior to May 16, 2011, and 40 percent beginning May 16, 2011.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence of record. The Veteran will need to undergo VA examinations and provide etiology opinions regarding his back, bilateral knee, hand, hearing loss, and tinnitus conditions.