Knee decisions — 2008

The Board has granted a separate noncompensable evaluation for symptomatic removal of semilunar cartilage, traumatic arthritis and limitation of flexion of the right knee. The veteran's range of motion on flexion was to 90 degrees with pain at that degree.

The veteran's service-connected left knee replacement and bilateral pes planus rendered him unable to secure or maintain substantially gainful employment, leading to a TDIU for accrued benefits purposes.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to address the current nature and likely etiology of any diagnosed disorder(s) of the right ankle and the severity of his service-connected right knee disability.

The Board has determined that the veteran does not have a bilateral hand disability, right ankle fracture, or right knee disability as the result of disease or injury incurred in service. The claims are therefore denied.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for Hepatitis C, chondromalacia of bilateral knees, and neck strain. The RO previously denied these claims in April 2002 due to lack of evidence linking the conditions to active military service.

The Board has determined that the veteran's hypertension was not incurred in or aggravated during active service, nor may it be presumed to have been so incurred. The veteran's post-operative residuals of a torn meniscus of the left knee and bilateral hearing loss are currently evaluated at 10 percent each.

The veteran's left knee disability, including his total knee replacement, is currently rated at 30 percent. The RO has granted an increased rating for the residuals of the total knee replacement effective June 1, 2006.

The Board has determined that additional evidence is needed to fully evaluate the veteran's left knee disability, including VA medical records and a physical examination. The claim will be remanded for further action.

The Board has remanded the case for additional development due to incomplete records and need for a VA examination.

The Board has determined that the veteran's pre-existing knee disabilities were aggravated by trauma during active duty for training (ACDUTRA), and service connection is granted.

Service connection was denied for a bilateral knee disability and a right hand disability.,PTSD was granted with an initial noncompensable (10 percent) rating.

The veteran's appeal was dismissed due to his death, and the Board had no jurisdiction to adjudicate the merits of these claims.

The Board denied the veteran's claims for service connection for bilateral leg disabilities, finding that there was no evidence of in-service injury or disease and that any current knee conditions were not proximately due to his service-connected foot disabilities.

The Board denied the appellant's claims for increased ratings for his left knee disability and service connection for respiratory disorders, vision loss, and hypertension. The decision also noted that a claim of service connection for PTSD was referred to the RO.

The veteran's left knee arthritis is currently rated as 10 percent disabling. The RO has granted a higher rating, but the maximum available benefits are not awarded.

The Board found that the veteran did not have a residual left foot disability, including any requiring a left leg amputation, due to an in-service cold injury or other disease or injury. The Board concluded that service connection could not be granted as there was no evidence of such a condition during service and no current disability related to service.

The Board has determined that the veteran's right ankle and right knee disabilities are not related to his service-connected neuritis of the saphenous nerve, and thus cannot be granted service connection.

The Board has determined that the veteran's right knee instability and traumatic arthritis of the left knee do not warrant an increased rating beyond the currently assigned 10 percent ratings.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a bilateral knee disability. The claims for higher ratings are addressed in the REMAND section.

The veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and tinea pedis, do not prevent him from securing or following substantially gainful employment.