Knee decisions — 2008

The Board has remanded the case for further development, including obtaining Social Security Administration records and scheduling VA examinations to determine if any left knee disorder is related to service. The claims will be readjudicated after these actions.

The Board found that the veteran's current bilateral knee disabilities were not incurred in or aggravated by his active duty service, nor may they be presumed to have been incurred in or aggravated by such service.

The VA denied the veteran's claims for increased ratings for his right and left knee arthritis with limitation of motion, as the evidence did not show that either knee condition warranted a rating higher than 10 percent.

The veteran's depression and PTSD are rated at 70 percent since July 31, 2003. The right knee disability is rated at 10 percent, while the left knee disability remains rated at 10 percent. Service connection for the left knee disability was granted effective from July 31, 2003. The veteran's service-connected disabilities are found to be sufficient to render her unemployable.

The veteran's appeal is being remanded due to procedural deficiencies and the need for further development of his claims, including a VA orthopedic examination.

The veteran's appeal is being remanded for additional development of his service treatment records and to determine if there are any line of duty determinations or active duty for training/inactive duty for training records from his reserve service.

The Board denied the veteran's claims for reduction in evaluation of left knee bursitis and his entitlement to compensation benefits under 38 U.S.C. § 1151 for headaches and refractive error as a residual of VA medical treatment performed on May 19, 2003.

The Board denied the appellant's claims for service connection for PTSD, hypertension, rash and lumps on the body, left foot disorder, right foot disorder, bilateral ankle disorder, and back disorder. The appeal regarding hypertension was withdrawn by the appellant during his hearing.

The Board has granted service connection for osteoarthritis of the right knee and residuals of a fracture of the right tibia and right fibula, finding that these conditions are associated with the veteran's active duty service.

The VA denied the veteran's claim for an evaluation in excess of 30 percent for his service-connected left knee injury residuals, finding that the evidence did not support a higher rating based on current symptoms.

The veteran's service-connected conditions, including migraine headaches, sleep apnea, and knee/shoulder disabilities, render him unemployable. The Board has granted a TDIU based on these conditions.

The veteran's claims for higher ratings for lumbar degenerative disc disease, left knee manifestations with osteoarthritis due to altered gait, and right foot plantar warts were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for these conditions.

The case is being remanded for further development of the veteran's claims, including verification of his claimed stressors and a VA examination to determine if he has PTSD related to a verified in-service stressor.

The veteran's right knee disability has been productive of no more than an isolated incident of minor instability and limitation of motion not so severe as to limit flexion to 15 degrees or less or extension to 20 degrees or more despite a diagnosis of arthritis in the right knee. The criteria for a rating in excess of 20 percent have not been met.

The Board has granted a 10 percent rating for the veteran's service-connected postoperative residuals, meniscectomy and anterior cruciate ligament reconstruction, right knee, based on painful motion. The current 10 percent rating is assigned under Diagnostic Code (DC) 5260 or DC 5261.

The Board has determined that the veteran's right shoulder disorder is service-connected and grants a finding of service connection. For his right knee disability, the Board finds that the current rating of 10% adequately reflects the severity of his condition.

The Board denied the veteran's claim for an initial rating higher than 10 percent for retropatellar pain syndrome of the left knee, finding that his disability has been manifested by subjective complaints and objective findings since May 27, 2003. The current rating is appropriate given the range of motion and stability issues.

The Board found that the left knee disability is not proximately due to or the result of the service-connected right knee disorder.

The Board denied service connection for joint pain in the lower extremities, finding that the veteran's current conditions are not related to his military service.

The veteran's appeal is being remanded to obtain additional medical records and for further examination of his service-connected back strain, left knee arthralgia, and pseudofolliculitis barbae.