Knee decisions — 2006

The Board denied the veteran's claims for service connection for bilateral refractive error with vitreous floaters and an initial disability rating in excess of 10 percent for degenerative changes of the right knee status post meniscal and anterior cruciate ligament tears, finding that there was no legal basis for these claims.

The Board found that the veteran's right knee disability was not caused by VA carelessness, negligence, or other fault. The decision also noted that the disability did not result from a foreseeable complication of the left hip replacement.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for left knee sprain and right lumbar strain. However, the claim for right lumbar strain remains denied as there is no medical opinion linking the current condition to active service.

The veteran's left knee disability has been rated at 20% since May 30, 1997. The RO denied his claims for increased ratings for other conditions.

The veteran's depressive disorder is rated at 30 percent, the highest schedular rating available. His right knee gastrocnemius strain is rated at 10 percent. The veteran does not have a separate schedular rating for his bilateral tinnitus as it already meets the maximum schedular rating.

The Board has determined that the veteran's right knee, left knee, right elbow, and right wrist disabilities are all service-connected.

The veteran's degenerative joint disease of the right knee due to postoperative arthrotomy is not manifested by flexion limited to 30 degrees or extension limited to 15 degrees, and his instability has not been manifest by more than slight recurrent subluxation or lateral instability since August 18, 1995. Therefore, he does not meet the criteria for a higher evaluation.

The Board has determined that the veteran's service-connected right knee disability warrants a combined rating of 50 percent, effective June 25, 2002. The left knee osteoarthritis is currently rated at 30 percent and does not warrant an increased rating.

The veteran's appeal is being remanded to obtain additional medical records and conduct further examinations to determine the nature and etiology of his service-connected right knee disorder, as well as any left knee and low back disabilities.

The Board has determined that the veteran's claim for an earlier effective date for service connection of a right knee disorder as secondary to his service-connected left knee disorder is granted, with the effective date set at February 28, 1991.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of the veteran's right knee disability and determine if his left knee disability is secondary to his service-connected right knee disability. The claims for increased rating, secondary service connection, temporary total evaluation, and TDIU are also remanded.

The Board found that the veteran's left and right knee disabilities do not meet or approximate the criteria for a higher evaluation, thus denying his claims.

The Board has granted service connection for a left knee condition and a lower back condition as secondary to the veteran's right knee condition. The claim for an increased rating for internal derangement of the right knee is denied.

The Board has ordered additional development due to incomplete service medical records and the need for further examination. The veteran's claims for service connection are pending.

The Board has granted a 20 percent rating for the veteran's right and left knee DJD, effective from the date of receipt of her claim. The service connection for depression was denied as there is no evidence to support its secondary relationship to her bilateral knee disabilities.

The Board is remanding the case to ensure that the veteran has been properly notified regarding his request for extraschedular consideration for his service-connected right knee disability.

The Board has remanded the veteran's claims for initial compensable ratings for chondromalacia of the knees and carpal tunnel syndrome of the left wrist due to incomplete information from previous examinations.

The Board found that the veteran's bilateral knee disorder preexisted service and was not aggravated by military service. The temporary total rating for convalescence from right knee arthroplasty is also denied.

The Board has determined that the veteran's bilateral knee replacements are not related to his service-connected left foot fracture and have denied both claims for service connection.

The VA determined that the veteran's right knee disability, characterized by limitation of flexion to at least 45 degrees but not less than 30 degrees, does not warrant a rating in excess of 10 percent.