Knee decisions — 2006

The veteran's right knee disability with painful and limited motion is currently rated at 20 percent, the maximum available evaluation.,The veteran's residuals of a right knee injury with laxity are not compensable based on instability. He is currently assigned a 10 percent rating for this condition.,The veteran's hepatitis C has been evaluated at 10 percent and does not meet criteria for higher ratings.

The Board has determined that the veteran's right knee and bilateral hip disabilities were not incurred or aggravated by service, nor are they related to his service-connected disability. As a result, the claims for service connection have been denied.

The Board found no evidence of inservice injury or disease that would support service connection for the veteran's bilateral knee disorder and low back disorder. The claims were denied.

The Board has determined that the veteran's left knee and hip disabilities were not incurred in or aggravated by service, nor are they proximately due to or the result of a service-connected disability. The claim for service connection is denied.

The veteran's service-connected left and right knee disabilities do not preclude him from performing substantially gainful employment, thus denying the claim for TDIU.

The Board has granted a 20 percent rating for chondromalacia of the right knee status post arthroscopy with degenerative joint disease, and denied any increase in ratings for the left knee condition.

The Board found that the right knee disability preexisted service and did not increase in severity during service, thus denying service connection for the right knee disability.

The Board denied the veteran's increased rating claims for post-operative chondromalacia of the left knee and right shoulder rotator cuff syndrome, finding that the evidence did not support higher ratings based on current symptoms or additional disability due to arthritis.

The Board has determined that the veteran's right and left knee disorders were not incurred or aggravated by service, nor are they proximately due to or the result of his now service-connected foot disorders. The claims for service connection for these conditions have been denied.

The Board denied all the issues related to increased ratings for various conditions of the veteran's left leg and knee, including shell fragment wounds and neuropathy. The current evaluations are found to be appropriate based on the evidence showing no more than moderate impairment.

The Board has denied service connection for a low back disability, right knee disability, and right ear hearing loss. The claim for tinnitus is pending due to conflicting opinions regarding its etiology.

The Board has determined that the veteran's left hip replacement and knee condition are not related to his active military service. The evidence does not support a finding of in-service injury or disease, and there is no medical opinion linking these conditions to service.

The veteran is seeking an increased rating for his service-connected right knee disability, which includes medial meniscectomy with osteoarthritis and deficiency of the anterior cruciate ligament. The RO must schedule a VA examination to assess the current severity of the disability and determine if additional ratings are warranted under Diagnostic Codes 5260 (leg limitation of flexion) and 5261 (leg limitation of extension).

The veteran's claim for a TDIU is being remanded due to the need for further development of his medical and employment history.

The veteran's claims for increased evaluations were denied. The Board found no evidence of current right ear hearing loss disability and determined that the veteran did not have moderate impairment in his left great toe, lumbosacral strain, or ankle condition at any point since service connection was established. The postoperative residuals of a left tibial shaft fracture with limited motion of knee were also rated as 10 percent disabling.

The Board found new and material evidence had not been submitted to reopen the claim for service connection for a left knee disability, resulting in denial of reopening.

The Board has ordered a new examination due to the inadequacy of previous examinations and remanded the case for further review.

The Board granted the veteran's claims for an initial evaluation in excess of 40 percent for residuals of hemiparesis of the left lower extremity, due to closed head trauma; a staged evaluation in excess of 50 percent for organic brain syndrome, due to closed head trauma (on and subsequent to December 14, 1999); an initial evaluation in excess of 10 percent for weakness of the right lower extremity, due to closed head trauma; and an initial evaluation in excess of 10 percent for a seizure disorder. The Board also granted special monthly compensation based on the need for aid and attendance due to loss of use of both legs.

The Board denied the veteran's claims for increased rating of his right knee disability and service connection for low back and hip disabilities, both claimed as secondary to his right knee condition.

The veteran's appeal has been withdrawn, and his case is dismissed.