Knee decisions — 2010

The Veteran's appeal is being remanded due to the need for additional medical records related to her right knee disorder.

The Veteran's left knee disability was rated at 10 percent from November 1, 2002 to February 19, 2003. The evidence did not meet the criteria for a higher rating based on limitation of motion or instability.

The Veteran's claim for a compensable rating for right knee disability is pending and will be returned to the Board if he files a timely substantive appeal.

The Board has granted service connection for residuals of a concussion, to include memory loss, and for migraine headaches. The Veteran's other claims for service connection have been remanded.

The Veteran's service-connected ACL deficiency right knee and degenerative joint disease, right knee are currently rated as 20 percent and 10 percent disabling respectively. The Board finds that the current ratings adequately reflect the severity of these conditions.

The Board denied the Veteran's claims for increased ratings for his service-connected residuals of a right ankle injury, right knee retropatellar pain syndrome, headaches, and neck scar. The evaluations assigned were deemed inadequate.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, a right knee disability, and a cervical spine disability. The decision also determined that new and material evidence had not been presented to reopen his claim for service connection for bipolar disorder.

The Board has determined that the appellant's right knee and low back disabilities, as well as her bilateral carpal tunnel syndrome, may be related to service. However, due to the need for medical opinions on etiology, the claims are being remanded for further development.

The Board found that the Veteran's bilateral knee condition is service-connected, with all reasonable doubt resolved in her favor.

The Board has reopened the Veteran's claim for service connection for a right knee disability and is granting the claim as new and material evidence has been submitted. The current diagnosis of a right knee disability satisfies the requirement of a current disability.

The Veteran's right knee disability has been rated as 10 percent disabling due to painful motion. The VA examiner found that the Veteran's right knee had limited extension at most to 10 degrees and flexion at most to 90 degrees, with slight instability but no subluxation or ankylosis. There is x-ray evidence of arthritis.

The Veteran's tinnitus is related to his in-service noise exposure, and service connection for this condition is granted. The Veteran's bilateral hearing loss is currently rated at 20 percent, effective May 16, 2005. Service connection for the residuals of cold injury (frozen feet) is granted. Service connection for a back disorder (residuals of spinal meningitis) and knee disorders are also granted.

The Veteran's left knee disability is manifested by some effusion and joint line tenderness but not productive of subluxation, ligamentous instability, cartilage dislocation, locking, or limitation of motion. The Board found that the criteria for an initial rating in excess of 10 percent have not been met.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for a left knee disability.

The Board has remanded the case for additional development, including scheduling an orthopedic examination and addressing whether service connection can be granted on a direct or secondary basis.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and a VA examination to assess the severity of his left knee disability. The TDIU claim will also be adjudicated.

The Board has reopened the claim of service connection for a left knee disability as secondary to a service-connected right ankle (fibula) disability, finding that new and material evidence has been received. The Veteran's most recent VA treatment records pertaining to his left knee are dated in June 2009. Updated records must be secured, and a VA examination is required to determine the likely etiology of his left knee disability.

The Board has remanded the veteran's claims for additional development due to incomplete verification of his periods of active duty, ACDUTRA, and INACDUTRA service. The appellant is required to provide information on when he was in these types of service.

The Board found that the Veteran's left knee disorder is not etiologically linked to his active duty service or a service-connected disability, and thus denied the claim for service connection.

The Board has reopened the claim of service connection for a bilateral knee disorder and granted service connection based on direct evidence showing that the current right knee degenerative changes are due to injury sustained in active service.