Knee decisions — 2007

The Board found that the effective date for reinstating a 10 percent disability evaluation for the service-connected osteomalacia of the right knee with Osgood Schlatter and degenerative osteoarthritis is January 1, 2005. The veteran's benefits were suspended due to his whereabouts being unknown, but resumed on that date.

The veteran's claims for an initial compensable rating for bilateral diabetic retinopathy and service connection for DJD of the right knee and thoracolumbar spine were denied. The Board found that there was no evidence linking these conditions to his service-connected residuals of a left knee injury.

The veteran's appeal is being remanded for additional development to assess his service-connected disabilities and any new or increased disabilities, as well as the impact on his ability to secure or follow a substantially gainful occupation.

The veteran's claim for a higher rating for her right knee disability is being remanded due to the need for additional examination and consideration of separate ratings.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of the veteran's service-connected gunshot wound residuals.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling new examinations to assess the severity of his service-connected cervical spine degenerative disc disease with left shoulder radiculopathy, left knee ACL injury, and hypertension.

The Board found that the veteran's left knee disorder was not incurred or aggravated by service, and denied his claim for service connection.

The Board denied the veteran's claims for service connection for a right knee disorder and an increased evaluation for his degenerative changes due to trauma, right ankle. The Board found that there was no evidence of a current right knee disability related to service or service-connected conditions. The Board also determined that the veteran's right ankle condition did not result in an increase in his right knee disability.

The Board found that the veteran's right ankle fracture was not caused by or aggravated by his service-connected right knee disorder.

The veteran's service-connected right knee disabilities have been rated at 20 percent for post-operative patellofemoral syndrome and 10 percent for arthritis of the right knee since November 5, 2002. The Board finds that these ratings are appropriate based on the evidence showing functional loss but no limitation of motion warranting a higher rating.

The veteran's service-connected disabilities do not meet the criteria for an automobile or adaptive equipment grant due to lack of loss of use of a foot or ankylosis of a hip or knee.

The Board has denied the veteran's claims for service connection for fatigue, decreased concentration, memory loss, and sleep impairment as well as joint pain. The evidence does not support a finding of undiagnosed illness or chronic disability resulting from such conditions.

The veteran's claims for service connection for a right knee disorder and frostbite of the hands and feet have been denied. The veteran was granted initial compensable evaluations (0% from June 1, 2002 to November 25, 2002; 10% since November 26, 2002) for his service-connected impingement syndrome of the right shoulder.

The veteran's left knee disability, characterized by instability and degenerative joint disease, was evaluated at a 20 percent rating for instability and a 10 percent rating for arthritis. The claims were denied as the evidence did not meet the criteria for higher ratings.,The RO increased the effective date of the 20 percent evaluation from February 10, 2003 to September 1, 2002.

The Board has remanded the case to the RO for scheduling a travel board hearing due to the veteran's request. The appeal is also remanded for additional development or other appropriate action.

The Board has remanded the issues of service connection for hearing loss, a bilateral knee disorder, a neck disorder, and a bilateral shoulder disorder due to additional development being necessary.

The veteran's service-connected disabilities do not preclude him from engaging in all types of substantially gainful employment consistent with his education and occupational background, thus the claim for TDIU is denied.

The veteran's knee disabilities, including her right knee replacement and chondromalacia with meniscus tear, are currently rated at 30 percent each. The RO has granted increased evaluations for these conditions.

The Board has remanded the case due to the need for additional development, including obtaining medical records and conducting VA examinations to determine if the veteran currently has lumbar spine and right knee disabilities that are related to service.

The Board has determined that the veteran's current bilateral hip and knee conditions are not related to her service-connected pes planus, and thus denied her claim for service connection.