Knee decisions — 2010

The Veteran's left knee disability is rated at 30 percent disabling from April 1, 2009 forward. The Board found no evidence of ankylosis or non-union of the tibia and fibula with loose motion requiring a brace. However, there was slight instability noted in the June 2009 VA examination report.

The Veteran's right knee disability, characterized by internal derangement and degenerative joint disease, was rated at 20 percent from February 1, 2005 to October 13, 2005. The appeal is denied as the criteria for a higher evaluation are not met during this period.

The Board found no current diagnoses of right or left knee disabilities and denied service connection for these conditions.

The Veteran's left knee disorder is currently rated at 10 percent for degenerative joint disease, with separate ratings of 10 percent each for limitation of extension and instability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's claim for an effective date prior to February 1, 2005 for TDIU was denied as the earliest ascertainable date of increased disability was February 1, 2005.,The Veteran's claim for an effective date prior to February 1, 2005 for DEA eligibility was denied as he did not meet the criteria for permanent and total disability prior to that date.

The Veteran has withdrawn his appeals for increased ratings for postoperative herniated nucleus pulposus of the lumbar spine and postoperative residuals of anterior cruciate ligament tear, right knee. The Board has dismissed these matters as a result.

The Veteran's claims for increased ratings for chronic lumbar strain with degenerative disc disease of the lumbar spine and right-sided radiation of pain, as well as bilateral chondromalacia of the knees, were denied. The Veteran's lumbar condition is currently rated at 10 percent disabling, while his knee conditions are noncompensably (zero percent) rated.

The Board denied service connection for cervical spine, low back, right knee, right hip, and right leg disabilities on a direct basis.

The Veteran's service connection claims for back/low back strain, neck pain/myofascial pain syndrome of the neck, weight loss, and right knee disorder have been denied as they are not related to active service.,No presumptive service connection is granted due to undiagnosed illness or chronic multisymptom illness.

The Veteran's service-connected arthritis of the left knee is currently rated at 50 percent effective April 16, 2009.

The Veteran's initial evaluations for left and right knee disabilities have been granted, but the RO needs to issue a Statement of the Case regarding higher initial ratings.

The Veteran's right knee disability, including instability, is currently rated at 10 percent disabling. The Board has found that the current rating adequately compensates for his symptoms and does not warrant a higher rating.

The Veteran's claim for service connection for thrombophlebitis (claimed as blood clots) has been reopened and is now granted. Service connection is also granted for osteoarthritis of the left knee.

The Board found that the Veteran's right leg disability, diagnosed as a right knee strain, is related to his in-service injury and/or service-connected condition (right ankle/foot), resolving all reasonable doubt in favor of the Veteran.

The Veteran's claims for service connection for a right knee disability and an increased rating for diabetes mellitus were denied. The July 1985 decision denying service connection was not found to be clearly and unmistakably erroneous.

The Board denied the Veteran's claims for service connection for right knee disability and bilateral hearing loss, as well as his request to reopen a claim of service connection for lumbar spine fusion. The TDIU claim was granted effective June 10, 2002, but no earlier. SMC benefits were not awarded based on the Veteran's unemployability due to service-connected disability.

The Veteran's claim for a disability rating in excess of 30 percent for service-connected post-operative residuals of a left knee injury was denied by the Board.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's claim for an increased evaluation for his left knee disability was denied, and the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities was also denied. The Board found that the current schedular ratings adequately contemplated the level of occupational impairment caused by the disability.