Knee decisions — 2008

The veteran's service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability (TDIU). His combined evaluation is 30 percent, which does not qualify him for TDIU.

The Board found that the veteran's right knee disability warranted an extraschedular evaluation, but denied it due to a preponderance of evidence not supporting such a finding.

The Board found that the veteran's right knee disability does not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has determined that the veteran's right knee disorder is not related to his service and denied his claim for service connection.

The veteran's appeal regarding an effective date prior to January 21, 2005 for the award of a 20 percent disability rating for status post right knee surgery for osteochondritis dissecans has been dismissed as he did not file a substantive appeal within the required time frame.

The Board denied the veteran's claims for service connection for lumbar spine and left knee disabilities, but granted a 50 percent rating for PTSD effective July 7, 1997. The veteran was informed of these determinations.

The Board has determined that additional development is needed to address the veteran's claims for service connection for a right knee disorder as secondary to his service-connected left knee disability and an initial rating in excess of zero percent for bilateral hearing loss.

The veteran's claim for automobile and adaptive equipment or for adaptive equipment only was denied as he is not service-connected for a condition that would qualify him for such benefits. The right knee disability claim resulted in a non-denial, but the issue of entitlement to separate evaluation for arthritis of the right knee with limitation of motion was granted.

The Board has found that service connection is warranted for chronic fatigue syndrome, fibromyalgia (other than joint pains attributable to diagnosed disorders of the shoulders, back and knees), left hand neuropathy, right hand neuropathy, left upper extremity tremors, right upper extremity tremors, and shortness of breath.,The veteran's symptoms have been linked to an undiagnosed illness or exposure to toxic agents.

The veteran is seeking service connection for a chronic left knee disorder and an initial evaluation in excess of 10 percent for his post-operative right knee ligamentous and meniscal injury residuals. The Board has determined that additional development, including obtaining VA treatment records and scheduling the veteran for a VA examination, is necessary to properly adjudicate these claims.

The veteran's claims for increased ratings for her right and left knee chondromalacia are being remanded due to the need for additional examination and development of evidence.

The veteran's appeal is being remanded due to the need for additional medical records from VA facilities. The specific issues of increased evaluations for his right knee conditions are not addressed as service connection theory, exposure basis, or rating assignment are unknown.

The veteran's service-connected disabilities, including COPD and bilateral knee problems, result in the loss of use of both lower extremities. He qualifies for assistance in acquiring specially adapted housing but not for special home adaptations.

The Board has reopened the veteran's claim of service connection for a bilateral shoulder disability and finds that it is at least as likely as not related to his military service. The veteran also has been granted service connection for a bilateral knee disability.,The VA examination report indicates that the veteran's current bilateral shoulder and knee disabilities are more likely than not attributable to his in-service activities, including strenuous physical activity during training and combat.

The veteran's appeal is being remanded for additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board found that the veteran's current right knee condition did not manifest during service or is otherwise related to his military service, and thus denied his claim for service connection.

The Board has granted service connection for a low back disorder as secondary to the veteran's left knee disability.,For the period prior to January 20, 2005, the veteran was granted an increased rating of 30 percent for traumatic arthritis of the left knee. The rating remained at 30 percent from January 20, 2005 to May 26, 2007 and then increased to a maximum schedular evaluation of 10 percent on and after May 26, 2007.

The Board has determined that the veteran's current left knee disability was incurred during active duty service and grants entitlement to service connection.

The veteran's right knee disability is currently rated at 30 percent, and the Board has determined that an increased rating is not warranted. The claim for extraschedular consideration of a TDIU was granted.

The veteran's left knee disability has been rated as 10 percent disabling since January 24, 2007.