Knee decisions — 2021

The Veteran's initial claim for higher ratings for his right knee disability was denied. A separate 20 percent rating was granted prior to June 27, 2011 for impairment of the semilunar cartilage. The Veteran's right knee disability is now rated under DC 5055 due to total knee replacement surgery in June 2011. Ratings higher than 30 and 60 percent were denied as of September 1, 2012 and May 20, 2019 respectively.

The Board has vacated the December 12, 2019 decision denying a rating in excess of 30 percent for left knee strain with degenerative joint disease due to procedural issues. The case is now remanded for further action on both the increased rating claim and the TDIU claim.

The Veteran's claims for increased ratings for his left knee limited/painful motion and recurrent instability/subluxation were denied as the evidence did not show that his symptoms warranted a rating in excess of 10 percent or 20 percent, respectively.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right knee, left knee, right shoulder, right ear hearing loss, diabetes mellitus type II (diabetes), and bilateral lower extremity peripheral neuropathy. The appeals are currently pending due to new evidence received that may support these claims.

The Board granted a separate 10 percent rating for right knee meniscal pain, but denied an increased rating for patellofemoral syndrome, right knee.

The Board dismissed the appeals on the issues of rating in excess of 10 percent for left knee limitation of motion and instability due to the death of the appellant.

The Veteran's lumbar strain with osteoarthritis is granted a 20 percent evaluation, but no higher. The evaluations for left knee osteochondritis dissecans and right knee chondromalacia are denied.

The Board denied service connection for a right knee disability, finding that the Veteran's current right knee conditions did not have their onset in service and are not related to his service-connected left knee condition.

The Veteran's migraines, cervical spine degenerative changes, thoracolumbar spine degenerative arthritis, left shoulder strain, right elbow epicondylitis, right knee patellofemoral syndrome, left knee patellofemoral pain syndrome, and right ankle strain have been granted higher initial disability ratings. The Veteran also received a 20 percent disability rating for left ankle degenerative changes, residual from left fibula fracture.

The Veteran's left knee total replacement is rated at 60 percent, effective the date of this decision.,The Veteran meets the schedular eligibility for a TDIU as of the date of this decision and his service-connected disabilities render him unable to secure and follow a substantially gainful occupation.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbar spine disorder is caused or aggravated by service-connected conditions, including her bilateral knee disorder. Additional medical records are needed and a VA examination must be conducted.

The Board has determined that further development is necessary to properly adjudicate the Veteran's claims, including obtaining additional medical opinions regarding his back disability and knee disabilities. The case will be returned for these purposes.

The Board has remanded the case due to failure to issue a Statement of the Case (SOC) addressing whether there was clear and unmistakable error in the March 2002 rating decision that assigned a 10 percent rating for the service-connected left knee disability.

The Veteran's service-connected disabilities, including painful motion of the cervical spine, right shoulder, left hip, right hip, left knee, right knee, left ankle, and right ankle associated with undiagnosed illness, have been granted effective April 23, 2007.

The Veteran's TDIU claim was denied as he does not meet the schedular criteria for an award of TDIU due to his service-connected disabilities, which include post-concussion syndrome with headaches, degenerative disc disease and lumbar strain, tinnitus, left knee patellofemoral syndrome, and radiculopathy of the right leg. The combined disability rating is 60 percent.

The Veteran's claims for increased ratings were granted between September 1, 2014 and December 23, 2019. The left knee total arthroplasty was rated at 60 percent, while the right hip disability remained at 10 percent.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to unemployability prior to November 20, 2003. The claims are being remanded to obtain missing treatment records and to determine if the Veteran is entitled to a total disability rating based on individual unemployability.

The Board has granted increased ratings for limited flexion of the right and left knees, with a rating of 20 percent each as of January 20, 2020.

The Board has remanded the case for additional development due to inadequate VA examinations and inconsistencies in the Veteran's medical records regarding his right knee disability.

The Board has determined that additional development is needed for the Veteran's claims, including new examinations and consideration of updated VA treatment records.