Knee decisions — 2010

The Veteran's appeal is remanded due to the need for a VA examination and consideration of whether an extraschedular rating is warranted.

The Board has determined that the Veteran's current left knee disability, including arthritis, partial meniscus tear, and partial anterior cruciate ligament tear, is aggravated by his service-connected right knee disability. The Board also found that the Veteran's duodenal ulcer or residuals thereof, including gastrointestinal reflux disorder (GERD), are aggravated by medications taken for his service-connected right knee disability.

The Veteran's service-connected disabilities, which include bilateral hearing loss (60%), PTSD (30%), shell fragment wound to the left knee (20%), tinnitus (10%), degenerative changes of the left knee (10%), and varicosities of the left leg (10%), do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's knee and ankle disabilities may be related to service, but an additional examination is needed to determine this relationship.

The appellant's five service-connected disabilities have not precluded substantially gainful employment, thus the requirements for a total evaluation based on individual unemployability due to service-connected disability (TDIU) have not been met.

The Veteran's claim for an increased rating for his service-connected right knee injury residuals was denied by the Board. The appeal is based on the current level of disability, which includes X-ray evidence of arthritis without limitation of motion or instability.

The Board has determined that additional development of the medical record is required due to delays in obtaining necessary treatment records and a proper examination. The Veteran's claim for service connection for his right knee disorder, claimed as secondary to his left knee degenerative arthritis, will be remanded for further action.

The Veteran's claims for higher initial ratings for residuals of a left knee injury and stretch injury of the right radial nerve since March 9, 2007, and March 12, 2007, respectively, were denied. The criteria for these conditions did not meet the requirements for higher evaluations.

The Board denied the Veteran's claim for service connection for patellofemoral syndrome of the bilateral knees with osteoarthritis, finding that her preexisting knee disorder clearly and unmistakably existed prior to service and did not permanently worsen or increase in severity during service.

The Board has granted the Veteran's requests to reopen his service connection claims for CFS and IBS, as well as his service connection claim for a right knee condition. The effective date of these decisions is not specified.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature and etiology of his claimed conditions.

The Board has granted service connection for a left knee disorder, including as secondary to service-connected right knee disability. The claim for an increased evaluation in excess of 10 percent for chondromalacia, right knee, prior to April 22, 2008, and from April 22, 2008, is also granted.

The Board found no evidence of a current right knee disability related to service and denied the Veteran's claim for service connection. The sinusitis issue was remanded due to insufficient medical opinion regarding its relation to service.

The Veteran's service connection claims for residuals of a tear of the medial meniscus of the right knee and residuals of a right ankle fracture and capsulitis have been granted.

The Veteran's PTSD has been rated at 70 percent disabling, reflecting significant occupational and social impairment.

The Board has determined that the Veteran's right knee disorder is proximately due to or the result of his service-connected left total knee replacement, and thus grants service connection for this condition.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a VA examination to assess her ability to secure and follow substantially gainful employment given her service-connected disabilities.

The Board has determined that there is no evidence of a current disability related to active military service for any of the claimed conditions. Service connection was denied for lumbar spine disorder, bilateral knee disorder, hypertension, sinusitis, and laryngitis.

The Veteran's appeal was dismissed due to his withdrawal of the issues related to hypertension, hepatitis C with fibrosis, and arthritis of the left knee. The Board did not have jurisdiction to review these issues.

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