Knee decisions — 2010

The Board has remanded the case due to insufficient evidence regarding whether the right knee disability is secondary to the service-connected left knee disability, and additional development under the duty to assist is needed.

The Veteran's claims for service connection and increased evaluation were denied. Service connection was not established for Type II diabetes mellitus, diabetic retinopathy, or hypertension due to lack of evidence linking these conditions to his military service. The right knee disability claim resulted in a 10% rating.

The Veteran's appeal for service connection for a bilateral knee disability has been withdrawn. The case is being remanded to the RO for additional development related to her claims of cervical dysplasia and adjustment disorder.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for right knee patellofemoral syndrome, left knee injury (status post total knee replacement), right wrist myofascial strain, and status post right ankle fusion with flattened arch and foot pronation. The Veteran's current disabilities are considered to be due to natural aging and overuse of joints from past employment history.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected knee disabilities.

The Veteran withdrew his appeal regarding the propriety of apportionment of VA benefits, and thus the Board does not have jurisdiction to review it.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran has a current left knee disability related to her service-connected right knee condition.

The Veteran's degenerative joint disease of the right and left knees do not meet the criteria for an initial compensable evaluation as flexion is limited to 45 degrees in both knees.

The Veteran's service-connected residuals of a left knee medial meniscectomy are currently rated as 10 percent disabling, but the Board finds that the disability does not meet or approximate the criteria for a higher rating.

The Veteran's claims for higher initial ratings for his service-connected bilateral knee and shoulder disabilities were granted, but the assigned ratings of 10 percent for left knee disability, zero percent for right knee sprain, and zero percent for bilateral shoulder sprain are found to be appropriate based on the current evidence.

The Veteran's service-connected disabilities, including his left and right knee conditions, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's sole service-connected disability (left knee postoperative medial meniscectomy with degenerative joint disease) does not meet the minimum percentage requirements for a TDIU, as his disability rating is only 20 percent. The Board finds that he is not unemployable due to this condition alone.

The Board has determined that the Veteran's left, above the knee amputation is related to his service-connected lumbar degenerative disc disease.

The Board denied the Veteran's claims for service connection for right knee status post total knee arthroplasty and lumbar spinal stenosis status post laminectomy, finding that there was no evidence of a nexus between these conditions and his active service or any service-connected disability.

The Veteran's service-connected conditions do not preclude him from substantially gainful employment.

The Board denied the Veteran's claim for service connection for a right knee disability, finding no evidence of chronic right knee disability in service and insufficient evidence to connect current osteoarthritis to his service.

The Board denied the appellant's claims for service connection for left knee arthritis and Type II diabetes mellitus, finding that new and material evidence was not submitted to reopen the claims. The Board also found that there was no evidence of exposure to Agent Orange or other herbicide agents during service, precluding presumptive service connection.

The Veteran's increased rating claims for posttraumatic arthritis of the left and right knees have been denied as there is no evidence that the disabilities are service-connected or related to any exposure basis.

The Veteran's initial disability ratings for arthritis and subluxation of the left knee have been granted, with a 20 percent rating assigned for subluxation effective from April 22, 2004.

The Veteran's service-connected left ankle disability is currently rated at 20 percent, and his right knee chondromalacia is rated at 10 percent. The appeal for increased evaluations remains pending.