Knee decisions — 2010

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a left knee disability. The Veteran's current left knee disability is found to be proximately caused by his service-connected right knee disability, thus granting service connection on a secondary basis.

The Veteran's bilateral knee conditions are rated at the minimum level of disability, and his secondary claims for shoulder and lumbar spine disorders have been denied.

The Veteran's claims for increased ratings for his right knee disabilities were denied as the current evaluations are considered adequate given the severity of his symptoms and the applicable rating criteria.

The VA determined that the Veteran's bilateral knee disability was not incurred in or aggravated by service, and denied his claim.

The Board found no credible evidence of a left knee disability that is causally related to service or that arthritis of the left knee manifested within one year post-service. The Veteran's current left knee disorders are attributed to his in-service fall and subsequent surgeries, with the examiner finding it less likely than not that any of these problems were related to the 1963 in-service injury.

The Veteran's claims for service connection for posttraumatic stress disorder, right knee disability, left knee disability, and right ankle disability have all been denied. The Board found that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran is seeking service connection for a left knee injury that occurred in 1945. The Board has decided to remand the case due to insufficient evidence and further development is needed.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a link between his current disabilities and his military service.

The Board found that the Veteran's right knee condition was not incurred in or aggravated by service, nor may arthritis of the right knee be presumed to have been incurred therein. The claim for service connection is denied.

The Veteran's claims for increased ratings for his left total knee replacement and right knee disability were denied. The Veteran was awarded a temporary total disability rating following the surgery, which was later reduced to a permanent 50 percent evaluation from March 1, 2007. His right knee is currently rated at 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and arranging for a right knee disability examination.

The Board denied the Veteran's claim for an effective date prior to August 16, 1994 for the grant of Total Disability based on Individual Unemployability (TDIU) due to service-connected disabilities. The TDIU was granted as of April 20, 1998, and the Board found that the Veteran's psychiatric disability rendered him unemployable prior to August 16, 1994.

The Veteran's left and right knee chondromalacia are not shown to warrant a compensable rating.,The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Veteran's service-connected bilateral knee conditions do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for specially adapted housing or a special home adaptation grant is being remanded due to the need for additional development, including obtaining medical records and conducting an examination.

The Board denied the Veteran's claim for an increased disability rating for his service-connected right knee disability, finding that the evidence did not support a higher rating than 10 percent.

The Veteran's service-connected bilateral knee disabilities do not meet the criteria for a TDIU on an extraschedular basis as his combined disability evaluation is insufficient to warrant such a rating, and there is no evidence that he is unemployable solely due to these conditions.

The Board denied the Veteran's claims to reopen his service connection claim for postoperative residuals of a left knee injury and to increase his rating for a scar residual of a left wrist injury. The TDIU claim is being remanded due to its interdependence with the increased rating claim.

The Board has determined that there is no competent or credible evidence linking arthritis of the knees and elbows to service. The Veteran's service-connected disabilities do not preclude all forms of substantially gainful employment.

The Veteran's right knee chondromalacia and osteoarthritis are currently rated at 10 percent, but the evidence does not support a higher rating based on current symptoms or additional disability.