Knee decisions — 2009

The Veteran's right knee disability is currently rated as 20 percent disabling due to pain and limited motion. The Board found no evidence of instability or subluxation, which would warrant a higher rating under Diagnostic Code 5257. Service connection for hypertension and pulmonary disease was denied as there is no evidence linking these conditions to military service.

The Veteran's claims for increased ratings for degenerative joint disease of the left and right knees are being remanded due to the need for additional development, including a new VA orthopedic examination.

The Board has reopened the Veteran's claims for service connection for back disability, left knee disability, and schizophrenia. However, it denied the underlying de novo issues of entitlement to service connection.

The Board found that the Veteran does not have a bilateral knee disability that was caused or aggravated by his service, and therefore denied the claim for service connection.

The Board has determined that the Veteran's service-connected disabilities meet the percentage criteria for a TDIU rating, but further examination is needed to determine if he is unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a grant of benefits in any of the issues.

The Board has denied the Veteran's claims for service connection for osteoarthritis, right hip osteoarthritis, and left knee arthritis as there is no evidence of such conditions during or within one year after service, and the preponderance of the evidence does not support a finding that they are related to service.

The Veteran's waiver claim is being remanded due to the need for a statement of the case addressing this issue and notification of appellate rights.

The Veteran's hypertension, right leg shin splints, left leg shin splints, and right knee strain were all denied initial compensable ratings from August 24, 2001 to April 27, 2004.

The Veteran's right knee injury, manifested by pain and limited range of motion, does not warrant a rating higher than the current 10 percent assigned.

The Veteran's claims for temporary total disability ratings based on need for convalescence following left and right total knee arthroplasties were denied by the RO.

The Board denied entitlement to increased ratings for residuals of fracture of the right tibia and fibula with post-traumatic arthritis of the right knee, finding that the Veteran's disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board found that there is no evidence linking the current left knee condition to service or a service-connected disability, and thus denied the claim for service connection.

The Board has remanded the claims of service connection for a right knee disorder, left knee disorder, and asthma/lung disorder to the RO for further development. The claim of service connection for depression is also remanded.

The Veteran seeks service connection for residuals of a left leg injury sustained in an aircraft accident during military service. The Board finds that additional development is needed to determine the current status and origin of his claimed disability.

The Board has denied the Veteran's claims for service connection for bronchitis and a left knee disorder.

The Veteran's service-connected disabilities have not worsened to the extent that they preclude her from performing the duties of her previously rehabilitated occupation, and she does not meet the criteria for additional vocational rehabilitation training.

The Board denied the Veteran's claims for service connection for a left knee disability and entitlement to a TDIU rating, finding that new and material evidence had not been submitted to reopen the previously denied claim of service connection.

The Veteran's appeal has been dismissed as he withdrew his appeals for increased evaluations of his service-connected degenerative joint disease, right knee and scar, right knee.

The Veteran's service-connected right knee injury is currently rated at 10 percent, the highest possible under Diagnostic Code 5259. The evidence does not support a higher rating based on additional limitation of motion or instability.