Knee decisions — 2007

The veteran's claims for increased ratings for chondromalacia patella of the left knee and residuals of bilateral mandibular injuries with slight chin scar were denied as he failed to report for scheduled VA examinations without good cause.

The Board has granted a 10 percent rating for left knee instability effective July 12, 2007. The veteran's claim for higher ratings prior to this date is denied.

The VA granted an increased rating of 30 percent for the veteran's right femur fracture with right knee disability and DJD, effective August 23, 2001. The claim for TDIU was denied.

The veteran's claims for increased ratings for cervical strain, post-concussion migraine headaches, and right knee disability were denied as the evidence did not meet the criteria for a higher evaluation under VA rating criteria.

The Board has determined that the veteran's current bilateral knee disability, including arthritis, is not related to his military service and therefore denied his claim for service connection.

The VA determined that the veteran's service-connected left knee strain does not meet the criteria for a compensable evaluation.

The Board denied the veteran's claims for increased ratings for gastroesophageal reflux disease and degenerative disc disease of the lumbar spine, finding that a 30 percent rating was warranted for GERD and a 20 percent rating was not met for DDD. The effective date remains pending.

The veteran's service-connected degenerative disc disease of the lumbar spine and postoperative residuals of right knee surgery are currently rated at 10 percent each, with no evidence supporting a higher rating.

The Board denied the veteran's claims for increased ratings for his low back, left ankle, and bilateral knee disabilities. The claim for an earlier effective date for SMC was also denied.

The veteran's claims for increased ratings for postoperative residuals of a right ankle injury with degenerative joint disease and recurrent dislocations of the right knee with arthritis were denied. The VA determined that the current ratings adequately reflect the severity of these conditions.

The veteran's claims for increased ratings for his service-connected right knee and hand disabilities have been denied as the evidence does not support a higher evaluation.,Both conditions are rated under the appropriate Diagnostic Codes (DCs) based on their current functional impairment, with no additional basis to assign separate evaluations.

The Board denied the veteran's claims for service connection for various conditions, including residuals of a left great toe injury, bilateral knee pain, gastroenteritis, vaginal problems, and sinusitis. The appeals were based on direct evidence without any presumption or secondary linkage to prior conditions.

The veteran's posttraumatic migraine headaches are currently rated at the maximum schedular rating of 50 percent, which is the highest possible under VA guidelines.,Both his right and left knee disabilities have been rated at 20 percent each. The current ratings for both knees do not meet the criteria for a higher evaluation based on limitation of motion or instability.

The Board denied service connection for irritable bowel syndrome and granted a 10% rating for right knee osteoarthritis with loss of cartilage, effective March 3, 2004.

The Board has determined that a new VA examination is needed to address the claims for secondary service connection, as the January 2005 VA examiner's opinion was inadequate and did not consider the veteran's documented medical history.

The Board has decided to remand the case for further development, including scheduling a medical examination and obtaining an opinion on whether the veteran's right knee disability was manifested in service.

The veteran's appeal is being remanded to obtain medical records from the Alamosa Hospital and VA facilities in Lakewood and Denver, Colorado. The issues of service connection for a right shoulder disability as secondary to left knee and lumbar spine disabilities and whether new and material evidence has been received to reopen the claim for service connection for a right knee disability will be reconsidered.

The veteran is unable to secure and maintain substantially gainful employment due to the severity of his service-connected disabilities, and as such, he meets the criteria for a TDIU.

The Board has denied the veteran's claims for an increased rating for his service-connected right knee disability and for service connection of a low back disability as secondary to his right knee condition.

The veteran's service-connected right knee disability is currently rated at 30 percent, the maximum under VA rating criteria. The RO denied an increased rating as his condition does not meet or approximate the criteria for a higher evaluation.