Knee decisions — 2009

The Veteran's appeal is being remanded for further development and examination to determine the nature and etiology of his claimed disabilities, including whether they are related to service or secondary to a service-connected disability.

The Veteran's left knee disability is rated at 10 percent for instability and 30 percent for arthritis with moderate loss of motion, resulting in a combined rating of 40 percent. The Board denied entitlement to separate ratings under Diagnostic Codes 5260 (leg, limitation of flexion) and 5261 (leg, limitation of extension). The Veteran's service-connected disability is not considered disabling enough to prevent him from obtaining or maintaining substantially gainful employment. The claim for TDIU was also denied as the disability does not meet the criteria for a TDIU rating. The Board found no evidence warranting an extraschedular evaluation.

The Veteran's service-connected left knee degenerative joint disease and associated laxity are currently rated at 10 percent, the maximum schedular rating available.

The Veteran's appeal has been withdrawn, and the issues are dismissed.

The Board has determined that there is no competent medical evidence linking the Veteran's current left knee and leg disorders to his military service or a service-connected disability. Therefore, the claims for service connection are denied.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and he is therefore entitled to a TDIU.

The Board denied the Veteran's claims for increased ratings for his lumbar and cervical spine DJD, right knee chondromalacia with meniscectomy and patellar debridement, and left knee meniscectomy. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's right knee disability was granted a rating of 20 percent from August 12, 2004 until January 4, 2005 and from April 1, 2005 until October 30, 2007.,A separate 10 percent evaluation for right knee arthritis was granted from the same period. The Veteran's left knee disability received a 10 percent rating under Diagnostic Code 5257 from August 12, 2004 until August 20, 2007 and a 10 percent evaluation for arthritis under Diagnostic Codes 5003 and 5260 was granted.

The Board has determined that the Veteran's current bilateral knee and low back disorders are related to his military service, including parachute jumps performed during active duty. As a result, the claim for service connection is granted.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and a VA examination to address the nature and etiology of her knee disabilities.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing at the RO due to conflicting vacation plans.

The Veteran's claims for service connection for thoracolumbar degenerative disease and right knee degenerative joint disease are granted. The remaining issues, including those related to left hip, right hip, hepatitis residuals, and vision problems, require further development.

The Veteran's claims for service connection for a bilateral knee disability, bilateral hearing loss, and tinnitus have been denied as there is no evidence of current disabilities or that they are related to his active duty service.

The Veteran's service-connected disabilities, including his severe back and knee conditions, necessitated the need for regular aid and attendance of another person. The Board granted SMC based on this need.

The Veteran was granted a TDIU with an effective date of March 4, 2008, due to his service-connected disabilities. The claim for the TDIU was filed on December 2, 2003.

The Board denied a disability rating in excess of 10 percent for the Veteran's right knee disability and also remanded the case to consider an extraschedular rating under 38 C.F.R. § 3.321(b)(1).

The Board found that the Veteran's bilateral knee condition was not incurred or aggravated by active service, ACDUTRA, or INACDUTRA and denied her claim for service connection.

The Veteran's claim for a higher rating for residuals of a left knee injury is denied as his flexion limitation does not meet the criteria for an increased disability rating. The current 20 percent rating remains in effect.

The Board found that the appellant's current right knee, cervical spine, and lumbar spine disorders are not related to his active duty for training service. The preexisting conditions were not aggravated during service.

The Board denied the Veteran's claims of service connection for a left knee disorder and hearing loss, finding that there was no evidence linking these conditions to his military service.