Knee decisions — 2010

The Veteran's claims for increased ratings for diabetes mellitus, left knee internal derangement, and right knee internal derangement were denied. The evidence did not show that the disabilities warranted a higher rating under the applicable criteria.

The Board has granted service connection for right knee osteoarthritis and denied the Veteran's claims for a rating in excess of 10 percent for hypertension and whether he timely filed a substantive appeal in the matter of service connection for diabetes mellitus.

The Veteran's TDIU claim was denied because she is not found unable to secure or follow a substantially gainful occupation as a result of her service-connected disabilities. The case has been referred for consideration under 38 C.F.R. § 4.16(b) and 38 C.F.R. § 3.321(b)(1).

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran does not have a right foot disability related to service, and his bilateral hip and right knee disabilities are not secondary to any service-connected condition.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for osteoarthritis and degenerative joint disease of the right knee, finding that his symptoms did not warrant a higher evaluation based on limitation of motion or instability.

The Board found that the reduction from a 100% to a 30% rating for total right knee replacement was proper, and no higher rating is warranted.

The Veteran's service-connected disabilities are shown to preclude him from securing and following substantially gainful employment, and the Board finds that he is unemployable solely due to his service-connected disabilities.

The Veteran's service-connected instability of the left knee is rated at 30 percent effective December 31, 2010. The Veteran also has a separate rating for patellofemoral pain syndrome of the left knee (status post arthroscopic surgical repair) and that condition is rated at 10 percent.

The Board has granted service connection for bilateral superolateral hip joint space narrowing with chronic left hip strain and left hip malformation, as well as minimal degenerative changes to the knees. The Veteran's bilateral ankle disorder is found less likely than not caused or aggravated by his service-connected disabilities.

The Board has determined that the Veteran's bilateral ankle disorder, right knee disorder, low back disorder, and right shoulder disorder are all service-connected.

The Veteran's service-connected left knee disability, sinusitis, and facial nerve disability secondary to TMJ surgery are all granted with increased ratings. The appeal for right shoulder sprain, right knee arthritis, IBS, and the postoperative scar is dismissed due to withdrawal of appeals.

The Board denied the Veteran's claims for service connection for left knee disorder, bilateral hearing loss, tinnitus, and Meniere's disease. The decision found insufficient evidence of a nexus between these conditions and his military service.

The Veteran's right and left knee arthritis are each rated at 10 percent, the maximum rating available under VA regulations. The Veteran's lumbar spine arthritis is also rated at 10 percent.

The Board has remanded the case for further development, including a VA examination and medical opinion regarding service connection for bilateral knee and low back osteoarthritis as secondary to service-connected rheumatoid arthritis.

The Board denied the Veteran's claims for a higher disability rating for his right knee condition and service connection for a left knee condition, finding that there was no evidence of a left knee condition during active service or within one year after separation from service. The Board also found that there is no medical evidence relating the Veteran's left knee condition to his service-connected patellofemoral disease with total loss of articular cartilage, right knee.

The Veteran's service-connected left knee disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's service-connected disabilities, including left peroneal nerve palsy, major depressive disorder, right knee strain, lumbar degenerative disc disease with radiculopathy, and left knee dislocation, have rendered him unable to secure or follow substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability due to service-connected disabilities are met.

The Board has decided to remand the case for additional development, including a VA examination and medical opinion regarding the Veteran's right knee disorder.

The Veteran's left knee disability, characterized by instability and early degenerative changes, has not met the criteria for a rating in excess of 10 percent since November 1, 2001. The Board denied an increased rating.