Knee decisions — 2006

The veteran's appeal is being remanded for additional development, including obtaining updated medical examinations to assess the severity of his knee and hip disabilities and their relationship to his service-connected right knee disability.

The Board denied an evaluation in excess of 10 percent for the veteran's service-connected right knee disability, finding that there is no evidence of recurrent subluxation or lateral instability.

The veteran's claims for service connection for various conditions, including bilateral knee disability, headaches, respiratory disorder, diarrhea, arthralgias, fatigue, skin rash, and chronic sinusitis, were granted effective April 24, 1997. The rating assigned was 100%.

The veteran's claim for an increased rating for post-operative residuals of left knee synovitis is being remanded due to pending issues with service connection and TDIU.

The Board denied the veteran's claims for increased evaluations for his service-connected right and left knee disabilities, finding that the evidence did not warrant a rating in excess of 10 percent.

The Board denied the veteran's claims for service connection for cardiac chamber enlargement, bilateral pes planus (claimed as left foot pain), impotence (claimed as left foot pain), chondromalacia and a torn meniscus of the left knee, and a left hip condition. The claim for an increased rating for ilioinguinal nerve neuropathy was also denied.

The veteran's claim for an increased rating for his left knee replacement has been granted with a new effective date of March 31, 2005. His TDIU claim is still pending.

The Board denied the veteran's claims for service connection for bilateral hearing loss and bilateral knee disability. The claims of new and material evidence were also denied.

The Board denied increased ratings for right knee patella and tibia fracture residuals and left knee and leg injury residuals, both currently rated at 10 percent.

The Board has granted an increased rating of 20 percent for the veteran's left knee injury residuals with degenerative arthritis, effective from February 25, 2004. The lumbosacral strain with degenerative arthritis is rated at 40 percent since February 25, 2004.

The VA denied the appellant's claims for increased evaluations for his left knee disability, with total left knee replacement and arthritis. The RO found that from January 1, 1999 to November 20, 2003, the appellant did not meet the criteria for an evaluation in excess of 30 percent. Since November 21, 2003, he did not meet the criteria for an evaluation in excess of 40 percent.

The Board has granted a 10% rating for the service-connected status-post meniscectomy of the right knee and denied a compensable rating for the service-connected patellofemoral syndrome of the left knee.

The Board has remanded the case for a travel board hearing and further development. The veteran's appeal is not yet decided.

The appellant has withdrawn his appeal, and the case is dismissed.

For the period from October 18, 2002 through April 11, 2005, a rating in excess of 10 percent for left knee disability is not warranted.,Since October 18, 2002, a separate 10 percent evaluation for instability of the left knee is warranted.,Since October 18, 2002, a 30 percent rating, but none greater, for headaches is warranted.

The veteran's increased disability rating claims for his service-connected back and left leg conditions have been denied. Service connection for a right ankle condition, claimed as secondary to the veteran's service-connected left leg disabilities, has also been denied.

The Board denied the veteran's claim for a higher evaluation for his right knee impairment, finding that it did not meet the criteria for a disability rating in excess of 20 percent.

The Board has determined that the veteran's right knee disorder was not incurred or aggravated by service, and is not caused or made worse by his service-connected left knee chondromalacia or left hip disorder. The left knee disorder does not present disability significantly distinct from any associated with chondromalacia of the left knee. The left hip disorder is manifested by degenerative joint disease producing pain, which more nearly approximates a left femur impairment with associated malunion and slight or moderate hip disability, than a left femur impairment with associated malunion and marked hip disability. The veteran's left hip disorder does not present limitation of flexion, extension, abduction, or adduction.

The Board denied the veteran's claims for increased rating and service connection for cervical spine disability and left shoulder disability due to lack of evidence supporting a direct relationship between these conditions and his military service.

The Board denied the veteran's claims for increased evaluation and temporary total disability rating based on his right knee disability, finding that the evidence did not support a higher evaluation.