Knee decisions — 2010

The Veteran's low back, right wrist, left knee, and right knee conditions were all found to be incurred in service.

The Veteran is seeking service connection for various disabilities, including psychiatric conditions and spinal and joint disorders, all claimed as secondary to his service-connected left foot disability. The Board has determined that additional evidence should be obtained before the claims can be fully adjudicated.

The Board has remanded the case for further development, including obtaining SSA records and requesting a medical opinion from the April 2008 VA examiner to address whether pre-existing right knee disability existed prior to service and underwent aggravation during service.

The Veteran's service-connected disabilities, including sleep apnea, right and left shoulder tendonitis, depressive disorder, cervical spondylosis, lumbar degenerative discs, a left knee disorder, gastroesophageal reflux disease (GERD), a left pelvic disorder, chronic fatigue syndrome, tinnitus, bilateral hearing loss, sinus residuals of a rhinoplasty and septoplasty, a left foot disorder, hypertension, genitourinary (urethral) disorder, and rosacea on the nose, have rendered him unable to secure or follow a substantially gainful occupation since April 1, 2001. The Board finds that his service-connected disabilities meet the percentage criteria for TDIU throughout the entire appeal period.

The Veteran's right and left knee arthritis were not found to warrant a rating in excess of 20% prior to February 2010.

The Veteran's right knee disability, including degenerative changes, is causally related to an injury suffered either on active duty for training or inactive duty training in June 1991. As such, the Board finds that service connection is warranted.

The Veteran is seeking service connection for degenerative joint disease of the left knee. The Board has determined that a new VA examination is necessary to determine if this condition is related to his military service.

The Board has determined that the evidence is in equipoise, with the resolution of reasonable doubt in favor of the Veteran. Therefore, service connection for bilateral knee disability (right and left) is granted.

The Board has remanded the case for a VA examination to determine if the Veteran's right knee disability pre-existed his entry into Reserve service and whether it increased in severity during service. The Veteran will receive an SSOC after this additional development.

The Veteran's service-connected right knee disability, characterized by limited range of motion and pain, does not meet the criteria for a higher rating than 10 percent.

The Veteran's service-connected ligamentous instability of the left knee, status post total knee arthroplasty, is rated at 30 percent since November 1, 2004. The criteria for a 60 percent rating are met during this period. Prior to July 24, 2003, the Veteran's service-connected ligamentous instability of the left knee was evaluated as 20 percent disabling due to moderate instability and no ankylosis or impairment of the tibia or fibula. Since July 24, 2003, his disability is rated at 30 percent due to chronic residuals consisting of severe painful motion.

The Board has remanded the case for additional development due to failure to appear for VA examinations and for obtaining any outstanding medical records.

The Board has decided to remand the Veteran's claim for further development due to incomplete medical records and the need for a VA examination.

The Veteran's service connection claims for right leg radiculopathy, bilateral knee disorders, bilateral ankle disorders, and upper back disorder are granted. The Veteran currently has a diagnosis of lumbar radiculopathy with respect to his complaints of right leg pain, which is related to active military service.

The Board has granted service connection for a left leg mass and remanded the issues of initial compensable ratings for a left knee and leg disability, and a left inguinal hernia. The Veteran is now entitled to compensation for his overlapping symptoms.

The Board has determined that the Veteran's tinnitus, right knee strain, and skin lesions are related to his service. The decision is granted for all issues.

The Veteran's claims for service connection have been denied as there is no competent evidence supporting the presence of any claimed conditions.

The Veteran's claim for a rating in excess of 20 percent for post-traumatic arthrosis/post-traumatic arthritis of the left knee was denied. The current rating of 20 percent is considered appropriate based on the level of disability as described by the VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records and scheduling the Veteran for an examination to determine the current nature and etiology of his left knee disability.

The Board denied the Veteran's claim for an extraschedular evaluation for his service-connected left knee arthritis, finding that the available schedular evaluations adequately described his disability level and symptomatology.