Knee decisions — 2010

The Veteran's right knee strain and right ankle strain have been rated at 20 percent each, effective as of December 2, 2009.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, knee disabilities, a low back disability, and eye injuries. The decision found that there was no evidence of current diagnoses or a nexus to service.

The Board denied the Veteran's claims for increased ratings for his right knee disability, finding that the current evaluations of 10 percent and 20 percent were appropriate based on the evidence of record.

The Veteran's left and right knee disorders are found to be related to his service-connected low back disorder. His degenerative disc disease with osteoarthritis of the lumbar spine is rated at 20 percent, effective from August 31, 2009.

The Veteran's degenerative joint disease of the left knee is currently rated at 10 percent, but does not meet the criteria for a higher rating as there is no evidence of more severe symptoms or disability.

The Veteran's appeal is being remanded for additional development, including scheduling updated VA examinations and providing appropriate VCAA notice.

The Veteran's bilateral knee disability, diagnosed as bilateral total knee replacements due to osteoarthritis, was found to be both caused or aggravated by his service-connected foot disability and related directly to incidents that occurred during active service. The appellant is now entitled to accrued benefits based on the pending claim of entitlement to service connection for bilateral knee disability.

The Veteran's chronic left and right knee conditions, as well as his retinal detachment with vitreous floaters, are found to be due to service. However, the Veteran does not have a diagnosed eye condition or hyperlipidemia that is service-connected.

The Board has determined that additional development is needed to obtain the Veteran's Social Security Administration (SSA) records and other pertinent medical records. The claims will be remanded for this purpose.

The Veteran's claims were granted, with the right knee disability receiving a rating of 20 percent effective from June 1, 2005. The issues regarding lumbar strain and service connection for a right foot disability are still pending.

The Veteran's claims for service connection for bilateral knee disorders are being remanded due to the receipt of additional evidence and the need for a VA examination.

The Board has granted service connection for current degenerative changes of the right and left knees, finding that these conditions are more likely than not related to injuries sustained during military service. The low back disability claim is remanded as additional examination is needed.

The Board has remanded the case to the RO for additional development, including obtaining medical records and considering an extra-schedular evaluation. The Veteran's claim for a rating in excess of 60 percent for his service-connected right knee disability remains denied.

The Board has determined that the Veteran does not have current disabilities of left ankle, low back, cervical spine, or left knee. Therefore, service connection for these conditions is denied.

The Veteran's left ankle disability was granted a 20 percent rating effective March 27, 2007. Her right and left knee disabilities were not rated higher.

The Board found that the Veteran's bilateral lower extremity disability, including severe leg pain and numbness of the ankles, knees, and legs, was not proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing medical care. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Veteran's appeal is remanded due to the need for additional medical examinations and records, as well as a review of his employment history.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected disabilities, including osteoarthritis of the left knee, right hip, and right ankle. The RO will also attempt to obtain any relevant private or VA treatment records.

The Board denied service connection for arthritis of the hands, right hip, left hip, left elbow, right elbow, and left knee as there was no evidence of in-service injury or disease that could be linked to these conditions.

The Board has remanded the case due to incomplete service treatment records and will conduct further development before readjudicating the claim for service connection for bilateral chondromalacia patella of the knees.