Knee decisions — 2008

The Board has determined that the veteran's pre-existing right knee injury was aggravated by active service, and thus grants service connection for a right knee injury. The hearing loss and migraine headaches are being remanded for further development.

The Board has granted a 60 percent evaluation for the veteran's service-connected right total knee replacement, effective as of January 1, 2006.

The Board has granted an initial rating of 20 percent for the veteran's left ankle disability with a talocalcaneal spur, effective from the date of service connection. The other issues were not granted increased ratings.

The Board has granted an increased evaluation to 30 percent for the residuals of a total right knee replacement, effective from August 1, 2005. The veteran's right knee disability was manifested by no instability or subluxation and minimal limitation of flexion and extension.

The Board has remanded the case for further development due to new evidence received by the appellant.

The veteran's right knee disability was rated at 20 percent from the date of claim in July 2002 to November 2003, and then increased to 30 percent for severe subluxation from November 2003 to September 7, 2006. The rating remained at 20 percent after that period.

The Board has determined that the veteran's claimed conditions, including arthritis of the left hand, chronic headaches, emphysema secondary to pneumonia, right and left knee disorders, right and left foot disorders, degenerative joint disease of the cervical spine, and fibromyalgia, were not incurred or aggravated by active service.

The Board denied the veteran's claims for increased ratings for her service-connected bilateral knee disabilities, finding that the evidence did not show a marked interference with employment or frequent periods of hospitalization due to these conditions. The RO had previously granted an increased disability rating from 20% to 30%.

The veteran's claims for increased ratings and initial ratings higher than 10 percent for his right knee, bilateral hip, and left knee disabilities were denied. His service-connected arthritis of the left knee was granted a 10% rating.

The Board has determined that the veteran's current left knee disability is related to his service, and thus service connection for arthritis of the left knee is granted.

The Board found that the veteran's right knee disability was not incurred in or aggravated by active service, and is not proximately due to or the result of a service-connected disease or injury. The claim for TDIU remains pending.

The veteran's claims for service connection for degenerative arthritis of the hips, knees, wrists, and elbows, a bladder disability manifested by an overactive bladder, epididymitis with orchitis, a kidney disorder, depression, and PTSD are all denied as there is no competent evidence linking these conditions to his military service.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and left knee conditions, finding that the evidence did not meet the criteria for higher ratings under either the old or revised rating criteria.

The Board denied service connection for left ulnar release and carpal tunnel syndrome as secondary to the service-connected left wrist disability. Service connection for hepatitis C, allergies, and bronchitis was also denied.

The Board denied the veteran's claims for service connection for degenerative joint disease of the right shoulder and left knee, including as secondary to his service-connected disabilities. The TDIU claim was also denied due to the combined rating not meeting the criteria under 38 C.F.R. § 4.16(a).

The veteran's claims for higher ratings and service connection were denied as his knee disabilities do not meet the criteria for a rating higher than 10 percent, and there is no evidence of secondary ankle disorders.

The Board has denied the veteran's claims for service connection for residuals of right and left knee injuries, finding that there is no evidence linking these conditions to her military service.

The Board has determined that the veteran's service-connected left knee disability does not warrant a higher rating based on instability or limitation of motion. The current 20 percent rating is maintained.

The Board denied the veteran's claim for a disability rating in excess of 10 percent for residuals of a left knee injury, post-operative, with medial laxity and giving way.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and clinical records of his VA treatment. The issues are whether he should receive a higher initial evaluation for his left knee condition or be granted TDIU.