Knee decisions — 2006

The veteran's claim for higher evaluations for his right knee conditions and a TDIU was denied. His service-connected conditions include arthritis, multiple arthroscopy surgeries, irritable bowel syndrome, sleep apnea, prostatitis, hemorrhoids, chondromalacia patella, and traumatic arthritis of the right knee.

The veteran's residuals of a left knee injury are currently evaluated as 10 percent disabling under Diagnostic Code 5260 for limitation of flexion. The current evaluation does not meet the criteria for higher evaluations based on additional functional impairment or distinct disabilities resulting from the same injury.

The Board has determined that the veteran's service-connected right knee arthritis and right knee injury residuals do not warrant a higher disability rating based on current evidence of record.

The Board finds that service connection is granted for right great toe bone spurs as secondary to the veteran's service-connected residuals of a fracture of the left tibia and fibula. However, there is no evidence of a current right knee disability, thus service connection for this issue is denied.

The Board has determined that the veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as his combined rating is at least 70% but does not meet the criteria for TDIU.

The veteran's service-connected left above-the-knee amputation did not render him unemployable prior to January 1, 1996.

The Board denied the veteran's claims for increased rating, service connection for right and left knee disorders, and reopening of his low back disorder claim. The fascial hernia of the left leg was not found to warrant a higher than 10% rating.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, and a left knee disorder. The decision found no current disability related to these conditions.

The Board has granted service connection for fibrotic disease of the lungs due to asbestos exposure. The veteran's lung problems are found to be related to his in-service asbestos exposure.

The Board has remanded the case for additional development, including obtaining service medical records and scheduling a VA examination. The veteran's claims of right knee condition and residuals of foreign body in the right eye will be reconsidered based on this new information.

The Board granted a 20 percent rating for the service-connected residuals of a left knee injury with degenerative joint disease and assigned a separate 10 percent rating for tinnitus. The claims for bilateral hearing loss and low back disorder were also granted.

The Board denied the veteran's claims for service connection and increased rating for PTSD, but granted a Travel Board hearing.

The VA denied the veteran's claim for service connection of a left knee disorder because there was no evidence that it worsened as a result of service. The RO also noted that there was no current diagnosis or treatment for the veteran's left knee.

The Board denied the veteran's claims for increased evaluations and service connection, finding that the evidence did not support a compensable evaluation or an increase in disability rating for his left foot condition from January 8, 2001 through August 6, 2002. For the period beginning August 7, 2002, the Board found no more than moderate disability of the left foot.

The Board has denied the veteran's claims for service connection for right knee and right ankle disabilities, as well as his requests for increased ratings for degenerative disc disease of L4, L5-S1, radiculopathy of the left lower extremity, and migraine headaches. The appeals are now remanded to obtain additional medical records from VA Healthcare Center in Orlando.

The Board has remanded the case due to inadequate examination and will re-adjudicate the claim after obtaining new opinions.

The Board has denied the veteran's claims for service connection for right wrist, right knee, and left knee disorders due to a lack of evidence showing any injury or disease during active military service.

The veteran's claims are being remanded to the RO for consideration of an extraschedular rating due to his service-connected disabilities affecting employment, and for further development.

The Board has granted a 60% rating for the veteran's service-connected left knee hemiarthroplasty, but denied his claim for secondary service connection of a low back disorder to his bilateral knee disabilities.

The Board denied the veteran's claims for service connection for osteoporosis of the left knee, an increased rating for PTSD, and a compensable evaluation for epidermophytosis. The low back disability claim was partially granted with a 40% rating prior to September 26, 2003, and a 40% rating from that date forward.