Knee decisions — 2009

The Veteran's right knee disability is currently rated as 30 percent disabling, effective April 28, 2003. The Veteran's lumbar spine disability was initially granted and assigned a 10 percent evaluation from April 28, 2003.,From September 26, 2003 to April 28, 2009, the Veteran is entitled to an increased rating of 20 percent for his lumbar spine disability. From April 29, 2009 onwards, he is entitled to a staged increase in evaluation to 40 percent.,The Veteran's right knee disability remains at 30 percent disabling from April 28, 2003. The Veteran's lumbar spine disability was increased to 40 percent effective April 29, 2009.

The Board has determined that the Veteran's claimed psychiatric disorders, left ankle and knee disorders, and residuals of a concussion, cervical spine injury, and back injury are not related to her military service.

The Board has remanded the case due to incomplete notification and need for an opinion regarding aggravation of a service-connected right knee condition.

The Board has determined that the appellant's left knee disability is secondary to his service-connected right knee disability and grants service connection for this condition.

The Board found no evidence of a right knee disability during service or for many years thereafter, and concluded that the Veteran's current right knee disability is not related to his military service.

The Veteran's service-connected right knee disability is currently rated at 10 percent, but the Board finds that it does not meet the criteria for a higher evaluation.

The Board has granted initial ratings of 10 percent for right knee disorder, left knee disorder, and left ankle disorder effective from December 1, 2002. These ratings are based on the criteria for limitation of motion.

The Veteran's right knee disability was increased to a 20 percent rating effective April 23, 2008. His right shoulder tendinitis with biceps tendon rupture was also increased to a 10 percent rating effective July 18, 2005.

The Board has granted service connection for a right knee disability as secondary to the service-connected left knee disability and has assigned a 10 percent rating for the left knee disability, reconstruction of the anterior cruciate ligament. The Veteran's left knee disability is currently manifested by pain with range of motion from 0 degrees of extension to 60 degrees of flexion with pain beginning at 30 degrees, slight laxity, and X-ray evidence of arthritis.

The Board has determined that the Veteran's claimed disabilities, including residuals of fracture of left arm (excluding service-connected left elbow), right knee disability, residuals of injury to left fingers and hand, upper back disability, residuals of right hip fracture, and left shoulder disability, were not incurred in or aggravated by his active duty service.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for a DRO hearing, clarification of medical information regarding Meniere's disease, and further development.

The Board has determined that the Veteran's right knee disability and hypertension originated during his periods of active service, warranting service connection for both conditions.

The Board denied the Veteran's claims for increased rating for right knee condition, service connection for a right hip disability (reopened), and service connection for other conditions. The decision also addressed issues related to his bilateral shoulder disability.

The Board has reopened the Veteran's claim of entitlement to service connection for right knee meniscectomy residuals and determined that new and material evidence has been received. The Board also found that chronic right knee meniscectomy residuals were incurred during active service.

The Veteran's left total knee replacement has been rated at 30 percent since April 1, 2007. The Board has granted a higher rating of 60 percent for the period from February 3, 2006 to present.

The Veteran's appeal is being remanded due to the need for additional evidence and a supplemental opinion from an examiner.

The Veteran's claims for increased ratings of his service-connected right hip, left hip, and knee disabilities were denied. The Board found that the evidence did not meet the criteria for higher disability evaluations.

The Veteran's bilateral hand, wrist, hip, ankle and foot disorders were not incurred in or aggravated by service. His lumbar spine and knee disorders are secondary to his diabetes mellitus. The Veteran is entitled to a TDIU effective April 5, 2001.

The Veteran's appeal is being remanded for further development of the evidence, including securing SSA records and arranging for a medical opinion regarding whether his bilateral knee disability was caused or aggravated by his service-connected low back disability.

The Veteran's right knee disability, characterized by chronic pain and limited range of motion, has not met the criteria for a higher rating. A separate compensable rating is granted for arthritis.