Knee Board decisions

The Board has reopened the Veteran's claim for service connection of a right knee disability and finds that it is related to his military service. The Veteran's current right knee disability, characterized as degenerative changes in the right knee, is considered incurred during service.

The Board has dismissed the appeals for the issues of entitlement to a rating in excess of 20 percent for a lumbar spine disability, special home adaptation grant, specially adapted housing, and SMC based upon the need for aid and attendance for the Veteran's spouse as the appellant withdrew his appeal. The claim for SMC was denied due to lack of evidence showing that the Veteran's spouse is in need of regular aid and attendance.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The specific conditions and service connection theories are not addressed as the appeal does not pertain to these matters.

The Veteran's claims for higher ratings for DJD of the left knee and instability of the left knee have been denied as there is no evidence showing flexion limited to 30 degrees or instability warranting a higher rating.

The Board has determined that the Veteran does not have a current diagnosis of any claimed back condition or joint conditions (left shoulder, bilateral elbows, and bilateral knees). As such, service connection for these conditions is denied.

The Veteran's claims for service connection for GERD, hypertension, gynecomastia, bilateral degenerative arthritis of the knees, tinnitus, peripheral vascular disease (claimed as a bilateral leg condition), degenerative osteoarthritis at L3-4 (claimed as low back pain), left carotid occlusion, and bilateral hand injury have all been denied. The Board found no evidence linking these conditions to service.,The Veteran's service treatment records do not show any complaints or treatment for the claimed conditions. His post-service medical records indicate diagnoses of GERD in 2000, hypertension in 2005, and bilateral degenerative arthritis of the knees beginning in 2004. The Board found no causal relationship between these conditions and service.

The Veteran's right knee disability has been rated as 30 percent for recurrent subluxation or lateral instability, and a separate noncompensable rating for limitation of extension. The right knee scar is rated as 20 percent.

The Veteran's service-connected degenerative joint disease of the left knee has been manifested by pain productive of noncompensable limitation of motion, with flexion limited to 95 degrees and extension limited to 5 degrees. The Board finds that a higher evaluation is not warranted.

The Board found that the Veteran's substantive appeal was not timely filed in response to the September 20, 2011 Statement of the Case and denied the claim.

The Veteran's migraine headaches have been rated at the maximum schedular rating of 50 percent, and his GERD has been rated at the maximum schedular rating of 30 percent. The right knee chondromalacia issue was withdrawn by the Veteran prior to appeal, and TDIU remains in appellate status.

The Board has determined that the Veteran's bilateral feet skin condition is not secondary to a service-connected disability or due to his military service.,The Veteran's right knee disability was not incurred during active service.

The Board has determined that there is no current disability for either the bilateral shoulder or right knee, and thus cannot grant service connection.

The Board denied the Veteran's claim for an effective date prior to January 11, 2008 for TDIU on an extraschedular basis due to insufficient evidence showing that his service-connected disabilities rendered him unemployable solely at that time.

The Board has remanded the TDIU claim to the Director of Compensation Service for extraschedular consideration due to the Veteran's service-connected disabilities preventing him from securing and following a substantially gainful occupation.

The Board denied a separate compensable rating for left knee tendonitis based on limitation of motion, finding that the objective range of motion findings were not consistent with a compensable rating.

The Veteran's total right knee arthroplasty has been rated at 60 percent from May 1, 2012 to March 4, 2014 and as of May 1, 2014.

The Veteran's claim for a TDIU is being remanded due to the need for an updated VA examination and opinion regarding her employability, as well as obtaining recent VA treatment records.

The Board has determined that the Veteran's bilateral knee disability and back disability are not service-connected, as there is no direct evidence linking these conditions to his active duty. The VA examiners found no causal relationship between the disabilities and either the in-service incidents or a service-connected condition.

The Veteran's claim for a higher rating for his service-connected left thigh gunshot wound is being remanded due to the need for additional development, including a new VA examination and obtaining treatment records.

The Board found that the Veteran's right and left knees manifested with pain, extension to no less than 10 degrees and flexion greater than 45 degrees, even considering functional loss due to pain. As a result, he is not entitled to a rating in excess of 10 percent for either knee.