Knee decisions — 2008

The veteran's claim for a total disability rating based upon individual unemployability (TDIU) is being remanded due to the need for a VA examination to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The VA determined that the veteran's right knee disorder does not warrant a rating higher than 10 percent, as there is no evidence of moderate instability or limitation of motion beyond what is already covered by the current 10 percent evaluation.

The Board denied service connection for osteoarthritis, both knees in March 1974 and the RO continued this denial in subsequent decisions. The veteran's claim was reopened but not granted. Service connection for a back condition was also denied.

The Board granted an increased evaluation of 10 percent for the veteran's right knee disability, finding that separate ratings under Diagnostic Codes 5257 (instability) and 5010-5003-5260/5261 (degenerative joint disease with painful limitation of motion) are more favorable to the veteran than a single rating for instability.

The Board found that the veteran's current knee, back, and foot disabilities were not incurred in or aggravated by service. The evidence did not establish a nexus between these conditions and his active duty.

The Board denied the veteran's claims for increased ratings for instability associated with medial meniscectomy of the left knee and degenerative joint disease secondary to medial meniscectomy of the left knee, finding that the evidence did not support a higher rating based on current symptoms.

The Board found that the veteran's right knee disorder existed prior to service and was not aggravated by active duty. Therefore, the claim for service connection is denied.

The Board has determined that the veteran's right knee and low back disabilities are related to his service-connected left patellar dislocation, granting service connection for these conditions.

The veteran's left knee disability has been productive of no more than slight laxity and painful motion, but not a rating in excess of 10 percent.,The veteran's right knee disability has been productive of no more than slight laxity and painful motion, warranting a 10 percent evaluation.

The veteran's service-connected disabilities, including bilateral hearing loss, right shoulder injury, knee disorder, tinnitus, finger amputation, and thigh gunshot wound scar, prevent him from securing or following a substantially gainful occupation. The Board has granted the TDIU claim.

The Board denied the veteran's claim to reopen his service connection for a left knee disorder and also denied his vocational rehabilitation training request. The new evidence did not provide any new information that would support reopening the claim.

The Board has granted the veteran's claim for service connection for chondromalacia of the left knee as secondary to his service-connected traumatic arthritis, right knee.

The veteran's claims for service connection for multiple fragment wounds, right knee injury, head injury, and skin disorder are denied as there is no current evidence of a left foot injury or any other residuals from the in-service injuries. The claim for diabetes mellitus remains pending.

The Board has determined that the veteran does not have any of the claimed conditions and therefore, service connection for these conditions is denied.

The veteran's claims for increased disability ratings for his service-connected knee disabilities and other conditions were denied.,Service connection was not established for fibromyalgia, residuals of a back injury, diabetes mellitus, gastroesophageal reflux disease (GERD), sleep apnea, chronic pain, atypical chest pain, psoriasis, arthritis of multiple joints, or cervical spine disability.

The Board has remanded the case for further development, including obtaining VA medical records and a new orthopedic examination to assess the veteran's service-connected right hip and knee disabilities.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for post-operative residuals, patellectomy, left knee. However, the veteran's hypertension, left hip disability, right hip disability, osteoporosis and/or arthritis of all joints, and lower spine disability are not shown to be causally linked to any event or incident of his period of active service or a service-connected disability.

The veteran's bilateral pes planus is rated at 30 percent, and his right knee lateral instability and lumbosacral strain are both rated appropriately.

The Board denied the veteran's claims for increased ratings for his right knee arthritis and ACL deficiency, finding that the evidence did not support higher evaluations based on the criteria provided in the rating schedule.

The Board found that the veteran's current right knee disorder was not caused or made worse by his military service and denied his claim for service connection.