Knee decisions — 2010

The Veteran's claims for increased ratings for his right ankle, right knee, and lumbar spine disabilities have been denied as there is no evidence of marked limitation of motion or instability in the joints that would warrant a higher rating.

The Veteran's left knee disorder is being remanded for further examination and opinion to determine if it is caused or aggravated by his service-connected right knee disability.

The Veteran's service-connected left knee disability is characterized by swelling, extension to zero degrees, flexion to 90 degrees with complaints of pain, and moderate lateral degenerative changes. The Board finds the preponderance of the evidence does not show severe instability or any other condition warranting a higher rating.

The Veteran's appeals for increased ratings for his right and left knee disabilities have been dismissed due to the Veteran's failure to respond to requests for additional evidence.

The Board denied service connection for PTSD and increased ratings for right and left knee chondromalacia, finding that the Veteran did not file a timely Notice of Disagreement (NOD) as to these issues.

The Veteran's appeal is being remanded for a new Board hearing via videoconference.

The Board finds that the Veteran's degenerative joint disease of the left knee with osteochondritis dissecans is etiologically related to active service and grants service connection for this condition.

The Board denied a rating in excess of 30 percent for the veteran's right knee disability, status post total knee replacement surgery from November 1, 2008.

The Board and the Director of Compensation and Pension Service have determined that higher ratings for the Veteran's right knee disability on an extra-schedular basis are not warranted, as his symptoms do not meet the criteria for a rating higher than 30 percent. The Director also concluded that he is not unemployable solely due to his service-connected disabilities.

The Board has remanded the case for further consideration, including obtaining updated VA medical records and scheduling appropriate examinations to determine the etiology of the Veteran's hypertension and right knee disorder.

The Veteran's appeal is being remanded for further development, including obtaining private treatment records and possibly scheduling a VA examination.

The Board has reopened the claim for service connection for hepatitis C. The extension of temporary total disability ratings beyond August 31, 2005, and November 30, 2005, for right knee surgery and left knee surgery respectively is denied.

The Board has denied the Veteran's claim for service connection for a bilateral knee disorder, finding that there is no evidence of a link between his current condition and his time in active service.

The Veteran's claim for a higher rating for DJD of the left knee was denied, and he is currently receiving a separate compensable rating for instability. The earlier effective date for his limitation of extension rating remains unresolved.

The Veteran's claims for increased ratings for his left knee and low back disabilities, as well as his claim for TDIU based on service-connected disabilities, were denied by the RO. The Board found that the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's claim for an initial evaluation in excess of 10 percent for residuals of a left knee injury, postoperative was denied. The claims for service connection for residuals of a broken right ankle and arthritis of the low back were also denied as secondary to the service-connected residuals of a left knee injury, postoperative.

The Veteran's service-connected right knee disabilities (arthritis and instability) are not shown to warrant a higher rating during the relevant time periods.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, qualifying for special monthly compensation based on the need for aid and attendance.

The Veteran's appeal is being remanded for a personal hearing before a Veterans Law Judge at the RO in Winston-Salem, North Carolina.

The Board finds that the Veteran's right knee disorder, diagnosed as osteochondritis dissecans, was aggravated by his active service and is therefore considered to be incurred therein.