Knee decisions — 2010

The Board has remanded the case for further development, including verifying all periods of active duty and inactive duty training with the Puerto Rico National Guard, conducting VA examinations to determine the nature and etiology of the appellant's current back, right knee, left knee, cardiovascular (hypertension), and psychiatric disorders, and providing appropriate notice on secondary service connection.

The Board has vacated the portion of its August 27, 2009 decision that addressed and remanded a claim for an initial evaluation in excess of 20 percent for low back disability. The other issues are not disturbed.

The Veteran's cervical spine disability is rated at 20 percent, and his right and left knee disabilities are each rated at 10 percent. The Veteran's PTSD is currently evaluated as 30 percent disabling.

The Board has determined that a VA examination is needed to determine the etiology of the appellant's bilateral knee disorders and whether they are related to service.

The Veteran's current disabilities of the right lower extremity, including old trauma to the femur and fibula, patellofemoral pain syndrome of the knee, and degenerative joint disease of the hip, are considered service-connected as they are consistent with his reported inservice injury.

The Veteran's service-connected left knee disability is rated at 10 percent, and the Board found that it did not meet criteria for a higher rating based on limitation of motion or instability.

The Veteran's appeal is being remanded for further development due to unclear left knee severity and insufficient evidence on the right foot plantar fasciitis claim.

The Board has remanded the case due to insufficient evidence regarding service connection for knee, hip, and back disabilities. The Veteran's claims will be reviewed again with additional medical opinions.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of her right shoulder impingement syndrome, right knee injury residuals, and left knee injury residuals. The RO must also obtain all relevant VA treatment records from August 2007 to the present.

The Veteran's service-connected recurrent low back strain with spondylosis and intervertebral disc syndrome involving bilateral L1-S1 nerve roots has been rated at 40 percent since February 15, 2008. The Board found that the disability picture more nearly approximates forward flexion of the thoracolumbar spine limited to 30 degrees or less; there has been no ankylosis or incapacitating episodes having a total duration of 6 weeks during a 12 month period.

The Veteran's appeal is being remanded due to the need for a VA examination and consideration of new medical evidence.

The Veteran's claims for service connection for residuals of a left knee injury and a right knee disorder, claimed as secondary to the left knee injury, are denied as there is no current evidence of these conditions.

The Board found no evidence of a current low back or left knee disorder that was incurred in service. The Veteran's complaints were not documented as disabling during service, and he did not have any treatment for these conditions until after discharge. As such, the claim is denied.

The Veteran's claim for an increased rating for his right knee disability is denied as the current rating of 30 percent already reflects the maximum available under Diagnostic Code 5257, which pertains to severe knee impairment with recurrent subluxation or lateral instability. The Veteran does not meet the criteria for a separate compensable rating based on arthritis due to limitation of motion.

The Board denied the Veteran's claims for service connection for right knee, left knee, middle back, and neck conditions as secondary to his service-connected bilateral pes planus. The Board found no evidence linking these conditions to service or a service-connected disability.

The Veteran's appeal of the claims for service connection for a cervical spine disability, low back disability, and left knee disability is being remanded due to additional development needed.

The Board has remanded the claims for additional development due to missing service records and new evidence.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by active duty service, nor may it be presumed to have been incurred during active duty service. The right knee disorder issue is pending and will be addressed after further development.

The Board has determined that an examination is necessary to determine the nature and etiology of any current right knee disability, including whether it arose during service or is otherwise related to the Veteran's military service.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disability, which arose out of a single accident and currently rated at 60 percent disabling.