Knee decisions — 2019

The Board is remanding the claims for bilateral hearing loss, tinnitus, left knee instability, right knee disorder, herpes simplex, and various hip conditions. The Veteran has submitted new evidence that needs to be considered in a Supplemental Statement of the Case (SSOC).

The Board has remanded the Veteran's claims for higher initial disability ratings and TDIU due to the service-connected disabilities. Additional development is needed, including obtaining updated medical records, VA examinations, and a duty-to-assist notice letter.

The Veteran's claim for a compensable rating for his left leg disability is being remanded due to the need for an additional examination.

The Veteran's right and left knee disabilities were denied increased ratings, with the exception of a remanded issue regarding lumbar strain.,Bilateral pes planus was also denied an increased rating.

The Board has remanded the cases for further development and an examination to address the Veteran's claims of service connection. The GERD claim is denied, while the pes planus and left knee disability claims are dismissed due to withdrawal by the Veteran.

The Veteran's petition to reopen his service connection claim for a bilateral knee condition, now claimed as a right knee disability, was denied because no new and material evidence had been received. The issue of an increased rating for scoliosis is also remanded.

The Veteran's service connection claims for various ankle, knee, wrist, elbow, hip, and foot conditions are being remanded due to the need for additional medical opinions.

The Veteran's combined rating does not meet the schedular criteria for TDIU, but his bilateral knee disabilities and back disability prevent him from working as a full-time mail carrier. The Board finds that a remand is warranted to consider extraschedular referral for TDIU.

The Veteran's left knee arthritis is granted service connection. The olfactory disability, pancreatic disability, and TBI residuals are denied as there is no medical evidence linking these conditions to his military service. Service connection for tooth erosion is also denied.

The Veteran's left knee arthritis is granted as service-connected.,Service connection for an olfactory disability is denied.,Service connection for a pancreatic disability is denied.,Service connection for residuals of a TBI is denied.,Service connection for tooth erosion is denied.

The Veteran's right knee disability, including arthritis, is being remanded for further development.,An earlier effective date for the PTSD rating is denied as there is no evidence of a diagnosis prior to February 6, 2015.,Service connection for dental loss is granted due to in-service trauma resulting in loss of substance of maxilla or mandible.,Obstructive sleep apnea is not service connected secondary to the Veteran's service-connected residuals of a fractured jaw.

The Veteran's claims for various conditions, including a right lower extremity disorder, headaches, sleep apnea, gout, left knee disorder, right foot disorder, bilateral hearing loss, hypertension (HTN), and gastroesophageal reflux disease (GERD) have all been denied. The Board found that the evidence did not meet the criteria for reopening the claims or establishing service connection for any of these conditions.

The Veteran's left knee disability is rated at 10% for limitation of flexion, and a separate rating for extension is granted effective January 5, 2017. The right knee disability results in limitation of extension from January 5, 2017.

The Veteran's claim for Gulf War Syndrome is denied as there is no evidence of a current disability related to service.,The Veteran's claim for numbness and pain of the lower extremities is denied as there is no evidence of a current disability related to service.,The Veteran's claim for fibromyalgia has been reopened due to new and material evidence, but the claim remains denied as there is no established link between the condition and service.,The Veteran's claim for chronic fatigue syndrome has been reopened due to new and material evidence, but the claim remains denied as there is no established link between the condition and service.,The Veteran's claim for headaches (claimed as migraine headaches) has been reopened due to new and material evidence, but the claim remains denied as there is no established link between the condition and service.,The Veteran's claim for diabetes mellitus has been reopened due to new and material evidence, but the claim remains denied as there is no established link between the condition and service.,The Veteran's claim for a right knee scar has been remanded due to insufficient information regarding its etiology.

The Board denied an initial rating in excess of 10 percent for bilateral knee chondromalacia patella, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that an earlier effective date for the grant of service connection for lumbar strain is not warranted. The appeal will be remanded to obtain SSA records and to consider a TDIU claim.

The Board has determined that the Veteran's right knee disability and obstructive sleep apnea are not service-connected, but have remanded the cases for further development to obtain additional medical opinions.

The Board has granted service connection for the Veteran's bilateral knee, left ankle, and right ankle disabilities as secondary to his service-connected bilateral pes planus. The mental health disability is also found to be secondary to these musculoskeletal conditions.

The Veteran's left knee surgery resulted in severe postoperative residuals through July 1, 2013. The Board granted a temporary total evaluation for convalescence based on the need for additional leave and disabled parking permit until June 28, 2013. Additionally, the Veteran was awarded special monthly compensation due to her housebound status.

The Veteran's postoperative right femur fracture with anterior cruciate injury is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5257.,Right knee limitation of motion has been rated at 10 percent since July 2008. The current range of motion does not warrant a higher rating.