Knee decisions — 2019

The Board denied the Veteran's claims for an earlier effective date for his service connection and increased rating, finding that the increase in disability was not factually ascertainable within one year of his November 2015 claim.

The Veteran's appeal for restoration of a 10 percent rating for left knee chondromalacia and right knee chondromalacia from September 1, 2012 is denied. A 20 percent rating for left carpal tunnel syndrome is granted.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and DJD of the left knee were denied. The Board found that there was no evidence to support these conditions being related to active service.,For his right knee disability, the Veteran's claim for an increased rating was also denied. The highest possible rating under applicable codes (DC 5259) has already been granted.

The Veteran's bilateral hearing loss and tinnitus were not shown to be related to service, as they did not manifest during service or within one year of discharge.,The Veteran's right and left knee conditions were not shown to have been incurred in service.

The Veteran's moderately severe left and right knee disabilities were granted increased ratings of 40 percent each, effective July 24, 2001. SMC based on schedular housebound requirements was discontinued as of January 1, 2014.

The Veteran's service-connected right and left knee disabilities have been granted increased ratings, with the right knee receiving a maximum rating of 30 percent for moderate instability since January 16, 2016. The left knee received separate ratings for slight instability.

The Veteran's claim for SMC based on need for aid and attendance or housebound status was denied prior to July 9, 2014.

The Veteran's Bell’s palsy was denied as it is not related to service or any service-connected disability.,The appellant withdrew her appeal for increased ratings of hemorrhoids, left ankle disorder, low back disorder, chondromalacia patella (left knee), chondromalacia patella (right knee), pulmonary tuberculosis, bronchopneumonia, peptic ulcer disease and gastritis, prostatitis, and pyelonephritis.

The Veteran's claims for service connection for various conditions, including left shoulder impingement syndrome, left knee pain, right knee pain, chronic fatigue, irritable bowel syndrome, and memory loss, have been denied as there is no evidence of a current disability related to active service.

The Board has decided to remand the Veteran's claims for service connection due to insufficient medical evidence and requires further examination.

The Veteran's claim is being referred to the Under Secretary for Benefits or the Director of Compensation Service for a determination on whether extraschedular ratings are warranted due to his left knee disabilities. The case will be remanded for further review.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his education and vocational training, along with his past work experience, allow him to maintain substantially gainful employment.

The Veteran's appeals for an initial rating in excess of 10 percent for right knee chondromalacia patella and a higher rating for the right knee disability, as well as her appeal for an effective date prior to August 17, 2012 for right knee chondromalacia patella, have all been dismissed.

The Veteran's TDIU claim from November 1, 2015 through December 14, 2015 was granted. The left knee disability rated as 10% prior to December 15, 2015 is denied.

The Veteran's right knee patellofemoral syndrome has been rated as 10 percent disabling since January 24, 2009. The Board denied an increased rating for this condition.,For the period from January 24, 2009 to September 19, 2016, the Veteran's anxiety disorder with PTSD and depression was rated as 10 percent disabling. For the period after September 19, 2016, it was rated as 30 percent disabling. The Board denied increased ratings for both conditions.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including knee and back conditions, radiculopathy, ankle disability, and limitation of extension. The Veteran is also being asked to provide additional information regarding his need for aid and attendance due to service-connected disabilities.

The Board has decided that the Veteran's claims for service connection for lower back disability, traumatic brain injury (TBI), right knee disability, and left knee disability must be remanded due to incomplete records from Social Security Administration.

The Veteran's claim for increased ratings for his left knee disability is being remanded due to the need for additional development, including obtaining updated VA treatment records and having a VA examiner review the expanded record.

The Veteran's request for a higher initial rating for right knee scars is granted, with an effective date of November 24, 2009.,The issues of service connection for hip and low back disabilities are REMANDED.

The Veteran's claim for a TDIU is remanded due to the need for an updated VA examination to assess his occupational functioning and the impact of his service-connected disabilities.