Knee decisions — 2009

The Veteran's service-connected osteoarthritis of the left and right knees, as well as thoracic spondylosis, were evaluated at a 10 percent rating since November 1, 2003. The Board found that these conditions did not warrant an evaluation in excess of 10 percent.

The Board has remanded the veteran's claims for increased evaluations for his service-connected knee and gastritis disabilities due to inadequate consideration of functional impairment in the July 2004 VA examination report. The RO is also instructed to consider extraschedular evaluation for gastritis.

The Veteran's right knee disorder, including derangement and tibial plateau fracture, was rated at 40 percent from April 1, 2004 to April 7, 2006. Since then, the rating has been maintained at 30 percent.

The Veteran's appeal is being remanded for further development and consideration of the April 2007 private treatment record, February 19, 2004 letter from his attorney, and VA examinations related to his right knee disability and low back disability. The claims are also being remanded for consideration of an extraschedular evaluation for the service-connected right knee disability.

The Veteran's left knee disability, previously rated at 20 percent, was increased to 30 percent effective September 22, 2008.

The Board finds that the Veteran's current bilateral knee disability is causally related to his active service, and grants service connection for this condition.

The Veteran's appeal for increased ratings and effective dates related to his service-connected left knee disability was denied. The issues of secondary service connection for bilateral ankle disorder, left hip disorder, and compensation under the provision of 38 U.S.C.A. § 1151 were also addressed.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected osteoarthritis and degenerative joint disease of the right knee and bilateral hearing loss.

The Veteran's service-connected disabilities do not meet the minimum schedular criteria for a total disability rating based on unemployability. The case is REMANDED to obtain an opinion regarding whether he is capable of securing and maintaining substantially gainful employment.

The Veteran's service-connected disabilities, including diabetic peripheral neuropathy and osteoarthritis of the knees, render him unable to secure or follow a substantially gainful occupation. The Board finds that he is entitled to TDIU.

The Veteran's appeal is being remanded for additional development of his medical records from Capitol City Rehab Plus in Montgomery, Alabama.

The Veteran's claims for increased ratings for his right and left knee disabilities are inextricably intertwined with the current claim. The appropriate questions to be addressed include the method of rating his knee disabilities and what rating is in order for what period.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his left knee disorder.

The Board has granted the Veteran's claim of service connection for bilateral carpal tunnel syndrome. The issue of entitlement to service connection for a left knee disability is remanded due to the need for additional development.

The Board has remanded the case due to the need for additional evidence regarding the Veteran's claim of service connection for a left knee disorder, including as secondary to right knee degenerative joint disease. The claims file must be updated with any available treatment records and a VA examination should be conducted.

The Board has determined that the appellant does not have a service-connected disability, and therefore cannot establish secondary service connection for his left knee disorder or low back disorder. As such, these claims are denied.

The Veteran's residuals of left knee injury have been rated at 10 percent, the minimum rating for painful joint. The evidence does not support a higher rating due to additional functional loss or instability.

The case is being remanded for additional development, including providing the Veteran with a VCAA notification letter and readjudicating his increased rating claims.

The Board has reopened the Veteran's claims for bilateral knee disability and sinus disorder, but remanded the case due to additional development being needed prior to final decision on the underlying merits of the claim.

The Board denied the Veteran's claims for service connection for a right knee disability, left knee disability, scar on the head, and hepatitis, non-A, non-B. The evidence did not show current disabilities or in-service incurrence of these conditions.