Knee decisions — 2009

The recoupment of severance pay from the compensable rating assigned for the service-connected left knee disorder was proper.

The Veteran's left knee disability was rated at 10 percent, but no higher, due to subjective complaints and objective findings of pain, instability, giving way, stiffness, weakness, fatigability, swelling, and limited flexion.

The Board remands the claims for further development, including obtaining additional medical opinions and evidence.

The Board denied service connection for a left ankle disorder and found that the veteran's right knee instability was less than slight, not warranting a compensable evaluation.

The Board denied service connection for the veteran's claimed bilateral pes planus, left ankle disability, right leg disability (knee, thigh and hamstring), low back disability, right thumb disability, and right elbow disability as there was no evidence of a current diagnosis or that these conditions were incurred in or aggravated by active service.

The Veteran's service-connected left knee disorder is characterized by pain, x-ray findings of osteoarthritis, a noncompensable limitation of flexion, normal extension, and complaints of occasional locking; the knee is stable. There is no evidence of removal of semilunar cartilage.

The Board denied the Veteran's claims for increased ratings for patellar tendonitis of both knees, finding that the current 20 percent ratings were appropriate given the symptoms and functional impairment reported.

The Board denied service connection for a bilateral shoulder disorder and left knee disorder as there was no evidence of an in-service injury or disease, nor any medical nexus between the current conditions and active service.

The case is remanded for a VA examination to reassess the severity of the Veteran's right knee disability following a total knee replacement.

The Board denied the Veteran's claims for higher initial ratings for his right and left knee disabilities, hypertension, and eczema, as well as service connection for heart palpitations.

The Board denied the Veteran's claims for increased ratings for his service-connected knee disabilities, finding that the evidence did not support a higher rating under the applicable criteria.

The Veteran's service-connected left knee degenerative joint disease was denied an increased rating greater than 10 percent based on the evidence of record.

The Veteran's right knee disability is not shown to be more severe than the currently assigned 10 percent rating, as there is no evidence of ankylosis or impairment to the tibia or fibula, and range of motion testing does not support a higher evaluation.

The Veteran's degenerative joint disease, to include chondromalacia patella of both knees is manifested by complaints of pain; objectively, flexion of both knees is to no worse than 110 degrees and extension of both knees is to no worse than 0 degrees.

The Board granted service connection for migraine headaches and denied the claims for a right knee disability, low back disability, and sinusitis.

The Board denied increased ratings for the veteran's knee, hearing loss, and low back disabilities, as well as service connection for a cervical spine disability.

The appeal was partially granted, as new and material evidence was found to reopen the claim for a right knee disability. The claims for depression and anxiety, tailbone fracture, right leg disability, stomach condition, and increased rating for low back strain were denied.

The Board granted a 40 percent rating for the low back disability effective March 26, 2007, and a 10 percent rating for neurological manifestations of the lumbar spine disability affecting the right lower extremity. The right knee disability was rated at 10 percent.

The appeal to reopen a claim for service connection for a right knee disorder was denied as new and material evidence had not been received. The initial compensable rating for migraine headaches was remanded.

The Board denied service connection for hypertension, diabetes mellitus, a sinus disorder, arthritis of the knees, and glaucoma as they were not shown to have been caused by any incident of service. Additionally, it was determined that kidney failure was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.