Knee decisions — 2008

The Board finds that new and material evidence has been submitted to reopen the claim for service connection, but additional development is necessary regarding the underlying merits of the issue.

The Board has determined that the veteran's arthritis of the right knee does not warrant a rating in excess of 10 percent, and his instability of the right knee is currently rated at 10 percent. The claims for increased ratings are denied.

The Board has denied the veteran's claims for service connection for right and left knee patellofemoral syndrome, as well as his claim for service connection for a low back disability. The evidence does not support a finding of a nexus between any current disabilities and military service.

The veteran's appeal is being remanded for further evaluation of his right and left knee chondromalacia and arthritis, as the current evaluations are at 10 percent.

The veteran's claims for increased ratings for his right knee conditions prior to December 17, 2002 were denied. The RO found that the evidence did not show that the veteran's right knee conditions warranted a rating in excess of 10%.

The Board denied the veteran's claims for increased evaluations for his right knee instability and arthritis, finding that the evidence did not support a higher rating based on either condition.

The Board has determined that the veteran's current left knee disorder is causally related to his military service and grants service connection for this condition.

The Board has remanded the case for further development, including obtaining information about SSA disability benefits and providing an addendum opinion regarding the relationship between the veteran's psychiatric disorder and his service-connected disabilities.

The veteran's claims for secondary service connection and increased ratings are being remanded due to insufficient evidence.

The Board denied the veteran's claims for higher initial evaluations and increased ratings for his service-connected bilateral hearing loss and degenerative arthritis of the left knee, finding that the evidence did not warrant a rating in excess of the current evaluations.

The Board denied the veteran's claims for service connection for a bilateral knee disability and depression. The claim of service connection for alcoholism, to include as secondary to depression, is also addressed in the REMAND portion of the decision.

The veteran's right knee replacement and right shoulder replacement were granted increased ratings of 30 percent each, effective from the date of the decision.

The Board has remanded the case for further development, including obtaining treatment records and providing proper VCAA notice.

The veteran's claims for service connection for osteoarthritis of the left elbow, right leg, right foot, and right knee are being remanded due to insufficient evidence. The claim for whether new and material evidence has been submitted to reopen a claim for osteoarthritis of the back is also being remanded.

The Board has determined that the veteran does not have a low back, left knee, right knee, or right shoulder disability. The claims for service connection based on secondary to service-connected disabilities are denied as there is no competent evidence linking these disabilities to his service-connected conditions.

The Board has granted a disability rating of 20 percent for instability of the right knee and a separate 10 percent rating for limitation of flexion of the right knee, both under Diagnostic Codes 5257 and 5260 respectively. The veteran's service-connected disabilities are rated based on their inherent nature rather than any specific exposure basis.

The veteran's appeal is being remanded due to inadequate VCAA notice and the need for a VA examination of his right lower extremity scars. The RO will readjudicate the claims after these issues are addressed.

The Board has remanded the case for further development, including obtaining VA treatment records and arranging a VA examination of the veteran's left knee. The issue of service connection for DJD of the left hip remains pending.

The Board has determined that the veteran's left knee disability warrants a 20 percent evaluation prior to February 15, 2007 and a 30 percent evaluation since then.

The Board denied the veteran's claims for a higher rating for his lumbar spine condition and service connection for a disorder of his hips, knees, ankles, and feet. The veteran's lumbar spine condition is currently rated at 40 percent, which is the maximum schedular rating available under the old criteria. The Board found that there was no evidence of ankylosis or intervertebral disc syndrome associated with the service-connected low back disability. The VA examiner indicated it is unlikely that the veteran's lower extremity weakness is related to his lumbar spine condition.