Knee decisions — 2009

The Board has denied the Veteran's claims for service connection for various knee and ankle disabilities, as well as his requests for increased ratings. The appeals have been remanded multiple times due to procedural issues.

The Veteran's right knee disability, which already received a temporary 100 percent rating for convalescence following total knee replacement surgery, is now rated at 60 percent. The Board denied an increased rating higher than the existing 60 percent.

The Veteran's claim for an increased evaluation in excess of 30 percent for postoperative residuals of a right knee injury with internal derangement, status post menisectomy with tendon transfer was granted.,A separate initial evaluation in excess of 10 percent for severe osteoarthritis of the right knee with decreased range of motion on extension and chronic pain prior to April 5, 2008 was granted.,An increased evaluation in excess of 40 percent for severe osteoarthritis of the right knee with decreased range of motion on extension and chronic pain from April 5, 2008 was granted.

The Board has remanded the case for a VA examination to determine if the Veteran's right knee disability is related to his service-connected bilateral pes planus with bunionectomy and Achilles tendonitis.

The Veteran's service-connected disabilities, including his mental health condition and multiple physical impairments, render him unable to obtain and maintain substantially gainful employment.

The Board has denied the Veteran's claims for earlier effective dates for service connection and compensation for pseudofolliculitis barbae with facial scarring, right knee degenerative joint disease, and left knee degenerative joint disease. The earliest effective date that can be assigned is November 19, 2002.

The Board denied the Veteran's attempt to reopen her claim for service connection of a bilateral knee disorder, finding that new and material evidence had not been received.

The Board has granted compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of a broken left leg, osteoarthritis of the left knee, and osteoporosis of the left knee due to VA medical treatment on September 16, 1996. The claim for compensation related to right tibia fracture, bilateral lower extremity staph infections, and bilateral lower extremity osteomyelitis was denied as there is no indication that these conditions are proximately due to VA care or an unforeseeable event.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of the veteran's right knee disability. The claim will be reconsidered after these actions.

The Veteran's ratings for his knee disabilities were reduced, effective November 1, 2004. The reductions were proper as the Veteran's conditions had improved.

The Veteran's claim for increased ratings for his left knee and right knee disabilities has been granted, with a rating of 10 percent assigned for each. The effective date is not specified.

The Board has denied the Veteran's claims for service connection for right shoulder, left shoulder, right knee, and left knee disorders. The Veteran's current conditions are not related to his time in service.,Service connection was also denied for a back disorder.

The Veteran's left knee disability is rated at 20 percent effective October 1, 1998. The initial rating prior to that date remains at 10 percent.

The Veteran's appeal for increased evaluations of his service-connected residuals of left knee meniscectomies and post-surgical scars of the left knee was denied. The Board found that the criteria for a higher rating were not met.

The Board denied the Veteran's claim for service connection for a left knee disability due to his failure to report for a scheduled VA examination. The TDIU claim was also denied as it is not related to service connection.

The Board has determined that the Veteran's left shoulder and bilateral knee disabilities are not service-connected, as there is no evidence of a chronic disability during active or reserve service. The current conditions do not have a direct link to military service.

The Veteran's right knee replacement is currently rated at 30 percent, and the Board denied his claim for a higher rating.

The Board has reopened the Veteran's claim of service connection for a bilateral knee disorder and has determined that there is sufficient evidence to establish direct service connection. The low back disorder issue remains unresolved.

The Veteran withdrew his appeals for service connection of bilateral knee and wrist disorders, as well as increased ratings for peripheral neuropathy. The Board dismissed these issues due to the Veteran's withdrawals.

The Board has remanded the case for additional development, including obtaining service treatment records and VA/privately obtained medical records. The appellant's claims will be reconsidered based on the new evidence.