Knee decisions — 2009

The Board has ordered additional development of the record to determine if the Veteran's back and right knee disabilities are related to service, including obtaining any missing service treatment records from November 1966. The case will be returned for further consideration.

The Board denied an increased rating for the service-connected left knee disability, finding that the Veteran's condition is currently manifested by favorable ankylosis in full extension with no instability or painful scar. The claim was remanded due to a recommendation from VA General Counsel attorneys to consider additional ratings for instability under diagnostic code 5257.

The Veteran's residuals of a left knee injury manifest in pain, swelling, some limitation of range of motion and radiographic findings of degenerative changes. There is no objective evidence of instability. The criteria for an evaluation in excess of 10 percent for left knee synovitis have not been met.

The Board has granted increased ratings of 10 percent for the Veteran's service-connected left and right knee disabilities, finding that these conditions do not meet or approximate the criteria for a higher rating under VA's schedular guidelines.

The Veteran's claims for bilateral hearing loss, tinnitus, cervical spine disability with shoulder blade pain and shakiness of knees, and urinary/kidney stone disability are all denied as there is no competent evidence linking these conditions to his service.

The Board has remanded the case for additional development, including obtaining VA and private clinical records, scheduling a VA medical examination, and clarifying the effective dates of the right knee ratings.

The Board finds that the Veteran's right knee and low back disabilities are related to her in-service injuries resulting from a horse accident, and grants service connection for these conditions.

The Veteran's service connection claims for bone disease, to include degenerative joint disease of the right acromioclavicular joint, sternum, and knees have been granted.

The Board has granted service connection for a low back disorder that is secondary to the Veteran's service-connected right knee disorder.,The Board has also granted compensation under 38 U.S.C.A. § 1151 for left knee and atrophy of the quadriceps and buttocks disorders, both related to VA right knee surgery in December 1979.

The Veteran's left knee disability is rated at 10 percent, and he was denied TDIU due to his inability to secure or follow substantially gainful employment.

The Veteran's service-connected right knee disability was denied an increased rating, and his left knee and peroneal nerve neuropathy disabilities were also denied.

The Board has determined that a hearing must be scheduled for the Veteran at his current address in California, as he is no longer residing in Tennessee.

The Veteran's claims for increased evaluations for his right shoulder and right knee disabilities were denied as the evidence did not support a higher evaluation under the applicable rating criteria.

The Veteran's skin condition, bilateral knee pain, multiple joint pain, sleep apnea and chronic fatigue syndrome are all found to be related to his military service.

The Board found that the Veteran's left knee hyperflexion injury and patellar tendon rupture were not caused by VA treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran is seeking a higher rating for his service-connected right knee disability, and also wishes to have the reduction from a 30 percent evaluation to a 20 percent rating reinstated. The Board has determined that additional development is needed before this case can be properly adjudicated.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his left knee disability. Additionally, an addendum opinion must be obtained regarding whether his right knee disorder is related to service or his service-connected left knee disability, as well as if the left knee disability aggravates his right knee disorder.

The Board found that the Veteran's substantive appeal for increased ratings for hypertension and bilateral knee disabilities was not timely filed, thus denying his claim.

The Veteran's right knee replacement has been rated at 30 percent since December 1, 2006. The Board finds that the evidence supports a 60 percent evaluation for residuals of total right knee replacement from December 1, 2006.

The Veteran's claims for service connection for right eye and right knee disabilities have been denied as there is no competent medical evidence establishing a current disability related to service.