Knee decisions — 2009

The Board has determined that the Veteran does not have chronic right knee or right shoulder/biceps disabilities related to service. As such, service connection for these conditions is denied.

The Board has remanded the case due to a procedural defect in notice, specifically regarding the rating criteria used for evaluating motion of the knee under Diagnostic Codes 5260 and 5261.

The Board granted a rating of 30 percent for residuals of total right knee arthroplasty, effective from September 28, 2006. The Veteran's claims for increased evaluations and separate ratings were denied.

The Veteran's appeal is being remanded due to his request for a videoconference hearing at the RO.

The Board denied the Veteran's claims for an initial compensable evaluation for left knee strain and service connection for residuals of a sacral injury due to lack of evidence supporting these claims.

The Veteran's service-connected right knee arthroplasty and tendonitis of the right shoulder do not meet the schedular requirements for a TDIU rating, as they do not result in a combined rating of at least 70% when considering all disabilities. The Board finds that he is not unemployable due to his service-connected conditions.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for right knee and ankle disorders, both of which are secondary to the service-connected right leg disability.,With respect to the reopened claims, the Board finds that it is as likely as not that the appellant's current diagnoses of right knee patella pain syndrome/strain with arthritis and right ankle strain are related to his service-connected right leg disability.

The Veteran's service-connected left and right knee disorders are currently rated at 10 percent each, effective April 3, 2007. The Board finds no evidence to support a higher rating based on the current medical findings.

The Board has granted service connection for PTSD, right knee disability, and low back disability. The Veteran's current right knee and low back disabilities are found to be related to his service-connected residuals of a right ankle injury.

The Veteran's migraine headaches were granted a higher initial rating of 50 percent effective from February 21, 2005.,The Veteran's left knee disorder was granted an initial noncompensable rating and later increased to 10 percent effective from October 26, 2006. The right knee disorder was also granted a noncompensable initial rating.,Service connection for residuals of septorhinoplasty and chronic sinusitis were not established.

The Board denied service connection for right knee strain, herniated nucleus pulposus L4-5 with hip pain and numbness in both feet, skin rash of the hands and legs (presumed due to herbicide exposure), migraine headaches (secondary to PTSD disability), and prostate condition (presumed due to herbicide exposure).

The Veteran's claims for increased ratings of his bilateral knee disabilities were denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran is unable to secure and follow substantially gainful employment as a result of his service-connected disabilities, which meet the criteria for TDIU.

The Veteran's claims for service connection for muscle atrophy of the right thigh, sciatic nerve and posterior left thigh disorder, and loss of stability of the cruciate ligament, left knee were denied as these conditions are not considered to be directly related to his active service or secondary to a service-connected condition.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's right knee DJD and heart condition, which are related to service-connected injuries.

The Veteran's claims for service connection for right rib, knee, and leg disorders were denied as there is no evidence of current disabilities or in-service injuries that could be linked to these conditions.

The Board is remanding the case to comply with VCAA requirements and to determine whether new and material evidence has been submitted to reopen the determination that his discharge is a bar to VA benefits.

The Board has granted service connection for arthrosis and tendonitis of the left shoulder, but denied service connection for hearing loss, left knee disability, right knee disability, and gastroesophageal reflux disease (GERD).

The Veteran's appeal is being remanded for further development of the record, including obtaining additional private treatment records and scheduling VA examinations to assess his service-connected disabilities.