Knee decisions — 2010

The Veteran's right ear hearing loss disability is granted as incurred in service. The issues of entitlement to service connection for a right knee disorder, bilateral wrist/hand disability, and left ear hearing loss disability (now bilateral) are remanded.

The Board has determined that the Veteran does not have a right or left knee disability related to service, and thus denied his claims for service connection.

The Veteran's appeal is being remanded for further development and consideration, including a VA examination to assess his employability due to his left knee disability.

The Board has remanded the case for additional development, including obtaining VA examinations to determine if the Veteran's right knee and low back disorders are related to his service-connected left knee disability.

The Board has granted the Veteran's claims for restoration of a 40 percent rating for low back disability, assignment of an effective date prior to September 16, 1991, for the assignment of a 60 percent disability rating for low back disability, and total disability rating based on individual unemployability due to service-connected disabilities. The Veteran's service-connected conditions are found to meet the criteria for these benefits.

The Veteran's right leg and knee disability was not shown in service, and there is no current evidence of such a condition. The Board therefore denies the claim for service connection.

The Board has granted an increased rating of 30 percent for bilateral pes planus, effective from the date of the decision.

The Board denied a rating in excess of 60 percent for the Veteran's left knee disability, finding that referral to the VA Central Office for an extraschedular evaluation was not warranted.

The Veteran's claims for increased evaluations of his right and left knee disabilities, as well as his left hip pain associated with rheumatic fever, have been denied. His service-connected rheumatic heart disease remains at a noncompensable rating.

The Board has granted service connection for the Veteran's diagnosed left shoulder strain, right knee disability, and left knee disability. The Board also found that there is no evidence of a current bilateral foot disability related to service.

The Board has denied the Veteran's claims for service connection for bilateral hip, left knee, and right knee conditions as there is no medical evidence of a current disability or link to service.

The Veteran's combined rating for service-connected disabilities is 40%, which does not meet the criteria for TDIU under 38 C.F.R. § 4.16(a). The Board will not refer the Veteran's TDIU claim for extraschedular consideration.

The Veteran's low back disorder and right knee arthritis are not service-connected or warrant an increased rating.

The Board has determined that the Veteran's left and right shoulder disabilities are secondary to his service-connected right knee disability, which resulted in falls. The Veteran's left knee disability is also considered secondary to this same condition.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, hemorrhoids, gastroesophageal reflux disease (GERD), a bilateral knee disorder, and sleep apnea. The Veteran did not have these conditions during his active military service or any confirmed period of Active Duty for Training (ACDUTRA).

The Board has determined that the Veteran's current degenerative arthritis of the left knee, status post torn lateral meniscus repair, was permanently aggravated by his service-connected residuals, postoperative, medial and lateral meniscectomy, right knee. As a result, the claim for service connection is granted.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for back strain. The RO's decision of August 1961 denying service connection for back strain is final, as no appeal was filed within the time limits prescribed by law.

The Veteran's claims for increased ratings for osteoarthritis and instability of the left knee ligaments were denied as his conditions did not warrant a rating in excess of 10 percent prior to August 26, 2008.

The Veteran's claims for service connection for right foot disorder, left foot disorder, and heart disorder have been denied. The decision also notes that the Veteran's hearing loss is not compensable, and his right knee and hip disorders are rated at 20 percent.

The Veteran's left knee disability is currently rated as 10 percent disabling, but the Board finds that an increased evaluation is not warranted.