Knee decisions — 2006

The veteran's right knee and right ankle disabilities have been increased to a 10% rating effective January 26, 2005 for the right knee and April 6, 2005 for the right ankle.

The Board has determined that the veteran is not entitled to an increased rating for his left knee disability, but he is entitled to a separate 10 percent rating for arthritis with limitation of motion as of December 2, 2004. The claim for an increased rating must be denied.

The Board found that the veteran's service-connected PTSD as of the last valid examination in November 1999 was manifested by occupational and social impairment, warranting a 50 percent rating. The claim for an increased rating for PTSD is denied.

The veteran's appeal involves multiple foot and knee disabilities, as well as a headache disorder. The right hip disability is not found to be service-connected or related to other conditions. Ratings of 10% are assigned for the left foot bone spur with plantar fasciitis, right foot heel spur with plantar fasciitis, and residuals of a right knee injury with degenerative changes. A separate rating of 30% is granted for migraine headaches. The umbilical herniorrhaphy residuals receive a 10% rating.

The Board denied service connection for a bilateral knee disorder, back disorder, and right ear hearing loss. Service connection was granted for left ear hearing loss and tinnitus.

The veteran's appeal is being remanded to the RO for additional development, including obtaining VA treatment records and arranging for a VA orthopedic examination. The claims will be reconsidered based on all available evidence.

The Board found that the veteran's left knee disability, which is rated at 10 percent under Diagnostic Code 5010-5003 for arthritis due to trauma with X-ray findings, does not warrant a higher rating as there was no ankylosis or instability. The primary symptoms were joint pain and radiographic evidence of osteoarthritic changes.

The veteran's claims for increased ratings and service connection were denied. The veteran is currently rated at 50 percent for residuals of burns of the bilateral feet, ankles and heels with impaired circulation, but not entitled to a higher rating under Diagnostic Code 7117. He is also rated at 20 percent for healed scars on the back and upper extremities, but not entitled to a higher rating under Diagnostic Codes 7801 or 7802.

The Board has granted a 30 percent evaluation for the service-connected right knee disability due to severe impairment with recurrent subluxation or lateral instability, and has also granted a separate 10 percent evaluation for degenerative arthritis.

The Board has granted a combined 40 percent rating for the veteran's bilateral knee disabilities, effective July 10, 1999.

The Board has granted service connection for gouty arthritis of the knees and gout, but denied service connection for a cervical spine disability. The veteran's claims are supported by credible testimony and supporting evidence regarding his knee and gout conditions, while there is no medical evidence linking any current cervical spine condition to service.

The veteran's initial and subsequent ratings for left knee disability are denied.

The VA has determined that the veteran's residuals of a fracture of the left femur, including his left knee disability, are currently productive of no more than moderate knee disability and thus do not warrant an evaluation in excess of 20 percent.

The Board has determined that the veteran's post-operative residuals, arthrotomy with degenerative changes and scar, medial aspect, right knee do not warrant an evaluation in excess of 20 percent due to limited range of motion.

The Board found no evidence of a chronic headache disability attributable to service, and denied the claim for service connection.,There is no clear indication of a right knee disability in service or post-service medical records. The Board concluded that there was insufficient evidence to support a finding of service connection for the appellant's right knee disability.

The Board has reopened the veteran's claims for right ankle and right knee disabilities, but denied her increased rating claim for left ankle disability.

The veteran's appeal is remanded due to the need for a VA examination and additional development of his right knee disability claim.

The veteran seeks earlier effective dates for the grant of service connection for various disabilities, including a right knee disability, back disability, radiculopathy of the left lower extremity, and left knee disability. The Board denied these claims as no earlier effective dates were warranted.,The veteran also sought an earlier effective date for his TDIU (Total Disability Rating Based on Individual Unemployability). The Board denied this claim as there was no evidence showing that he was unemployable due to service-connected disabilities prior to November 20, 2002.

The Board has determined that the submitted evidence is not new and material to reopen the veteran's claim for service connection for a right knee disorder.

The Board has denied the veteran's claim for an increased rating for his left knee arthroplasty, finding that the residuals of the surgery do not meet the criteria for a higher evaluation.