Knee decisions — 2009

The Veteran's right knee disability has been rated at 100 percent since June 9, 2005 due to the need for prosthetic replacement. The left knee disability is currently rated at 20 percent.,Since May 4, 2009, the Veteran's left knee disability has been rated at 30 percent.

The Board found no evidence of a chronic left knee disability during service and concluded that the current left knee strain is not related to military service.

The Veteran's appeal is being remanded due to incomplete records and procedural issues. The claims for service connection are from the August 1980 and September 1980 rating decisions, which have not been finalized.

The Veteran's claim to reopen entitlement to service connection for a bilateral knee condition and the service connection claim on the merits have been considered. The claim is reopened, and service connection for a bilateral knee condition has been granted.

The Board denied the Veteran's claims for increased ratings for her left and right knee patellofemoral syndrome, finding that the evidence did not warrant a higher rating under any applicable diagnostic codes.

The Veteran's claim for specially adapted housing and special home adaptation grant is denied as he does not meet the criteria for a permanent and total service-connected disability rating, specifically loss of use of both lower extremities.

The Veteran's appeal is being remanded due to the need for additional medical records from his VA Medical Center evaluation. The issue of entitlement to an increased rating for arthritis of the left knee remains pending.

The Veteran's claim for a temporary total evaluation based on need for convalescence following surgery is granted. The claims to reopen service connection for bilateral hip and knee conditions are denied.

The Board found that the Veteran's current low back, right shoulder, and right knee disorders did not have onset during his active service or are otherwise etiologically related to his active service.

The Veteran's appeal is remanded due to the need for further development, including an examination and notification compliance with Vazquez-Flores v. Peake.

The Board has found that the evidence is in equipoise as to whether the Veteran's left knee degenerative arthritis was chronically worsened by his service-connected right knee disability, and thus grants the claim for secondary service connection.

The Board has determined that the Veteran's right ankle disorder is not related to service, and thus denied his claim for service connection. The earlier effective date issue remains pending.

The Board denied the Veteran's claims for higher initial ratings for his service-connected right knee arthritis and subluxation with a torn meniscus, finding that there was no evidence of worsening or increase in severity of these disabilities.

The Veteran's left knee disorder is not productive of ankylosis, recurrent subluxation or lateral instability, frequent episodes of locking, pain, and effusion, flexion limited to at least 30 degrees, extension limited to at least 15 degrees, impairment of the tibia and fibula, genu recurvatum, or degenerative changes. Therefore, a higher rating is not warranted.

The Board denied the Veteran's claims for increased disability ratings for his service-connected osteoarthritis of the right and left knees, both currently rated at 10 percent.

The Board denied service connection for back disability, left knee disability, and bilateral hearing loss. The claim for right hand disability was not reopened.

The Veteran's left knee disability is currently rated at 10% and his right knee disability has been granted with an initial noncompensable rating. The Board found that the current ratings are appropriate based on the evidence of record.

The Veteran is granted a TDIU based on extraschedular criteria for the period from July 27, 2003 to October 10, 2004 due to his service-connected disabilities.

The Veteran's claims for increased ratings for his knee disorders and service connection for chemical dependency have been denied. The Board found no evidence of ankylosis, severe subluxation or lateral instability, flexion limited to 15 degrees, extension limited to at least 20 degrees, or malunion of the tibia and fibula in either knee. For his chemical dependency claim, the Veteran's service connection theory was not supported as there is no indication that direct service connection can be established due to lack of evidence linking the disorder to active service.

The Board found no evidence of a current right knee disorder related to service, and thus denied the Veteran's claim for service connection.