Knee Board decisions

The Veteran's service-connected lumbar spine, bilateral knee, and bilateral hip disabilities have been found to meet the schedular criteria for a TDIU since November 12, 2009. The remaining issues of increased ratings are addressed in the remand section.

The Veteran's PTSD is rated at the highest possible schedular rating of 70 percent, effective August 7, 2012. The Veteran also meets the criteria for a TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including an updated VA examination to assess the current severity of his service-connected bilateral knee conditions.

The Veteran's appeal for service connection for a left knee disorder was dismissed due to withdrawal. The claim of higher initial rating for the right knee disability is denied, and a separate 10% rating is granted effective December 6, 2013, for removal of semilunar cartilage in the right knee with symptoms.

The Board has reopened the Veteran's claim for service connection for a left knee disability and remanded the case due to the need for additional development, including obtaining medical records from SSA and providing VA examinations.

The Veteran's PTSD is currently rated at 70 percent, reflecting occupational and social impairment with deficiencies in most areas.,The Veteran's right knee condition is currently rated at 10 percent, limited to flexion of 120 degrees with pain onset at 80 degrees. There is no limitation on extension.,Prior to June 24, 2014, the Veteran's left ankle condition was rated at 10 percent for moderate limitation of motion. Since then, it has been rated at 20 percent due to marked limitation of motion.

The Board has determined that service connection is warranted for the Veteran's acquired psychiatric disorder, bilateral knee disorder, and right ankle disorder.,Service connection was granted for an acquired psychiatric disorder (including PTSD and depression) as it is at least as likely as not related to active duty service. The bilateral knee disorder is also found to be related to active duty service. However, the right ankle disorder is not shown to be related to active duty service.

The Veteran's appeal is denied as the Board finds that his post-operative arthroscopy, left knee scar does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's claim is being remanded for further development, including obtaining records of his September 2013 knee surgery and updated VA treatment records. A new examination will also be scheduled to assess the current severity of his degenerative arthritis in the right knee.

The Veteran is granted two (2) clothing allowances for the 2015 benefit year due to his service-connected left knee and right ankle disabilities, which cause wear and tear on his pants and socks respectively.

The Veteran's service-connected left knee and ankle disabilities are being reviewed to determine if they necessitate the need for regular aid and attendance or housebound status, which would entitle him to special monthly compensation.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 20, 2011. Separate ratings of 10 percent are assigned for his right and left lower extremity radiculopathy since that date. The Veteran's left knee tendinitis, removal of cartilage, and instability each receive a separate 10 percent rating, starting from July 6, 2015.

The Veteran's right knee PFS is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted. The other issues remain in appellate status.

The Board has determined that the Veteran's current right knee and low back disabilities are not related to his period of active service. The evidence does not support an in-service incurrence or a nexus between these conditions and his military service.

The Board found no evidence of a preexisting low back disorder and denied service connection for the Veteran's low back disorder. The Board also found insufficient evidence to establish secondary service connection for his left knee disorder.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his PTSD and bilateral knee disabilities. The TDIU claim will also be deferred as it is inextricably intertwined with these issues.

The Board has ordered a remand to obtain an updated medical opinion regarding the nature and etiology of the appellant's left knee disability, specifically whether it is at least as likely as not that his pre-existing condition was aggravated during active service.

The Veteran's left knee disability, including degenerative arthritis and instability, is rated at 20% overall. The issues of a separate rating for loss of extension and instability are granted.

The Veteran's appeal is being remanded due to the need for additional medical opinions and development of evidence, particularly regarding his sinus disorders, knee disabilities, gastrointestinal disabilities, and TBI.

The Veteran's left knee disability resulted in a temporary total evaluation for convalescence following surgery. For the period prior to March 16, 2009, he was granted an increased rating of 10 percent; from March 16, 2009 to September 8, 2009, he received a 20 percent rating for cartilage dislocation with frequent episodes of locking and pain. From October 10, 2009 forward, the Veteran was granted a 20 percent rating for instability. For the period from August 29, 2009 to present, he received a 20 percent rating for limitation of flexion.