Knee decisions — 2010

The Veteran's appeal for an increased rating for his service-connected left ankle and heel spur disability is denied. The Board finds that the evidence does not support a higher initial evaluation. For the claim of secondary service connection for a left knee disorder, additional examination and opinion are needed to determine if the current left knee condition is related to the service-connected left ankle and heel spur.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted effective November 17, 2006. The Board finds that the evidence did not establish he was unemployable prior to this date.

The Veteran withdrew his appeal for service connection on multiple conditions, including bilateral plantar fasciitis of the feet, bilateral shin splints, onychomycosis of the toe nails, sinusitis, prostatitis, residuals of a fracture of the right first and second metacarpals, bilateral osteoarthritis of the ankles, bilateral degenerative joint disease (DJD) of the knees, and ulcer disabilities.

The Veteran's right knee replacement disability is rated at 60 percent, which approximates the criteria for a higher rating. The claim is granted.

The Board denied service connection for residuals of a left ankle fracture and orthopedic disabilities of the back, hips, knees, and legs due to lack of evidence during service or within one year of discharge.

The Board found that the Veteran's bilateral knee condition was not incurred or aggravated during service and could not be presumed to have been incurred due to a lack of evidence showing arthritis within one year post-service. The VA examiner concluded it is less likely than not related to service.

The Board denied the Veteran's claims for service connection for a bilateral knee disorder, residuals of facial and shoulder wounds, and hypertension as secondary to PTSD. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Veteran's claims for increased evaluations in excess of 10 percent each for right and left knee chondromalacia are being remanded due to the need for additional development, including obtaining recent VA treatment records and private medical records.

The Board granted the Veteran's claims for service connection for mechanical low back pain, instability of the right knee, and instability of the left knee. The effective dates for these grants are set at November 18, 1997.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's in-service knee injuries and his current right knee disability.

The Board denied the appellant's claims for initial compensable evaluation and increased evaluations for her right knee disability, as well as a separate evaluation for surgical scarring associated with the right knee disability.

The Veteran's claims for increased ratings for his service-connected knee disabilities have been denied. The left knee disability was not shown to meet the criteria for a higher rating prior to October 3, 2006 and since December 1, 2007. The right knee disability has also not met the criteria for a higher rating.

The Board found that the Veteran's bilateral knee disability and right wrist and hand disability are not service-connected. The Veteran's pes planus is rated as 10 percent disabling, effective June 15, 2005 to January 17, 2006, and as 30 percent disabling from January 18, 2006.

The Board has determined that further development is necessary before deciding the claims of service connection for various ankle and knee injuries, as well as generalized arthritis. The dates of any Active Duty Training (ACDUTRA) and Indefinite Non-Active Duty Training (INACDUTRA) are not of record.

The Veteran's traumatic arthritis of the left knee was manifested by pain, locking, fatigue, and limitation of motion. The claim for an evaluation in excess of 30 percent prior to October 1, 2009 is denied.

The Veteran is seeking an initial rating in excess of 10 percent for his right knee osteoarthritis with surgical scars. The Board has found that a remand is necessary to determine the current nature and severity of his disability.

The Veteran's service-connected degenerative joint disease of the left knee is currently rated at 20 percent, and the evidence does not support a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his lumbosacral spine, left knee arthritis, and left knee instability.

The Veteran's claims for service connection were denied, but the March 1971 rating decision is not considered to be clearly and unmistakably erroneous. The case was remanded for further development.

The Board has remanded the case for further proceedings, including a VA examination to determine if the Veteran's left knee disability is proximately due to or the result of his service-connected right knee disability and whether it was aggravated by the service-connected right knee disability. The claim will be adjudicated again based on the new evidence.