Knee decisions — 2009

The Veteran's service-connected right shoulder/arm disability and bilateral knee disabilities are currently evaluated at the lowest possible ratings due to their current functional limitations, but do not meet the criteria for higher evaluations.

The Veteran's claim for service connection for degenerative disc disease, L4-5, L5-S1 was denied. The claim for service connection for idiopathic thrombocarpin purpura with systemic lupus erythermatosus (claimed as thrombocarpin) was also denied due to lack of evidence linking the condition to service or herbicide exposure.

The Veteran's right knee disability met the criteria for a 30 percent evaluation as of September 26, 2006 and an effective date of November 2, 2006 was granted.

The Veteran's service connection claims for right shoulder and right knee disabilities were denied. The increased rating claims for cervical spine, left clavicle, and left knee disabilities are pending.

The Veteran's appeal was dismissed due to the withdrawal of his claim for an increased rating for residuals of removal of right rib and left rib. The remaining issues were not addressed as they are downstream from the initial rating decision.

The Veteran's service-connected bipolar disorder was granted a higher initial rating of 50 percent effective March 24, 2009. The other disabilities were previously granted and remain at their current assigned ratings.

The Veteran's claims for increased evaluations of his right ankle and knee disabilities were denied. The claim to reopen a right wrist disability was granted, but no new evaluation is assigned as the highest schedular rating has already been reached.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected post-operative left knee with degenerative joint disease.

The Veteran's service-connected disabilities render him unable to protect himself from daily hazards and requires regular aid and attendance, leading to the grant of SMC by reason of need for regular aid and attendance.

The Board denied service connection for all claimed conditions, finding no current disability and insufficient evidence to link any of the disabilities to service.

The Board denied the Veteran's claims for an initial compensable evaluation for flat feet and service connection for right knee condition, finding that there was no current disability or evidence of a causal relationship to military service.

The Veteran's claims for increased ratings for internal derangement syndrome of the left knee and osteoarthritis of the left knee have been denied as his conditions do not warrant a higher rating under the applicable VA Rating Schedule.

The Veteran's claim for an increased rating for his right knee disability, which includes a lateral meniscectomy and post-traumatic arthritis, was denied as the evidence did not show additional functional loss warranting a higher rating.

The Veteran does not have a chronic bilateral knee disability that was incurred in or aggravated by active service.

The Board has determined that the Veteran's current right knee disability, diagnosed as arthritis, is due to his service-connected bilateral pes planus and left knee disorders. The Veteran's service-connected flat feet are found to be aggravating his knees.

The Veteran's claim for a higher rating for his service-connected right knee injury was denied by the Board, as the evidence did not show significant functional loss associated with the knee.

The Board granted a 10 percent rating for the service-connected right knee scar effective from October 24, 2003. The RO later assigned an earlier effective date of August 16, 2001.

The Board has remanded the claims for service connection for right and left knee disabilities due to insufficient evidence regarding the relationship between current knee conditions and service. The Veteran is advised to provide authorization for VA to obtain private medical records from his treatment providers.

The Board has determined that the Veteran does not have a current diagnosis of bilateral ankle disability. The VA examinations and other evidence do not support a finding of a left knee disability due to service connection.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of new evidence.