Knee decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting examinations to assess the severity of his service-connected disabilities and determine whether any claimed conditions are related to service.

The Board has granted service connection for right knee patellofemoral syndrome and finds that the Veteran's left knee disability is related to her in-service diagnosis of patellafemoral syndrome.

The Board has determined that the Veteran does not have any chronic residuals of concussion, bruised rib, hyperextension of the right knee, right ankle sprain, right small toe fracture, right broken collarbone/right shoulder disorder, right hip injury, cold weather injury to hands, or fractured nose. The claims are denied as there is no evidence linking these conditions to service.

The Veteran's right total knee replacement disability is currently rated at 40 percent, effective November 1, 2008. The evidence does not support a higher rating.

The Veteran's claims for increased ratings for traumatic arthritis of the lumbosacral spine and residuals of right femur fracture were denied. The Veteran was currently rated at 40 percent for his lumbosacral spine condition, which is the maximum schedular rating available under VA regulations.

The Veteran's right knee disorder is service-connected as secondary to his left knee disability. The Board also finds that the Veteran meets the criteria for a total disability rating based on individual unemployability due to his bilateral knee disabilities.

The Veteran's claims for bilateral hand disorder, right knee bursitis, and gastroesophageal reflux disease were denied. The Board found no current chronic disability of the hands or knees, and insufficient evidence to establish a service connection for GERD.

The Board has granted an extension of the temporary total rating based on the need for convalescence through May 2007, finding that the Veteran's right knee surgery resulted in severe post-operative residuals requiring at least a year of convalescence.

The Veteran's service treatment records do not show any diagnosed bilateral shin or right knee disabilities. The VA examiner concluded that the Veteran does not currently have a diagnosed bilateral shin or right knee disability.

The Veteran's appeal is denied as there is no competent medical evidence showing right knee ankylosis, flexion limited to 15 degrees, or extension limited to any degree, including due to pain on repetitive use. The criteria for an initial rating in excess of 20 percent for service-connected limitation of motion of the right knee are not met.

The Board has granted service connection for the Veteran's low back disability, finding that it was incurred in service. The claims for bilateral knee disabilities are remanded to obtain a medical opinion regarding whether they are secondary to the low back disability.

The Board finds that the Veteran's bilateral patellofemoral syndrome is proximately due to or the result of her service-connected fibromyalgia, and grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, vision disability, left knee and right knee disabilities, left foot condition, right foot condition, tinnitus, peripheral neuropathy of the upper extremities, and a psychiatric disorder claimed initially as catatonic schizophrenia. The decision also noted that the Veteran withdrew his claim for service connection for a vision disability.

The Veteran's left knee disorder is related to her in-service complaints, and she has been granted service connection for this condition. The heart disorder is secondary to hypertension, but the examiner must determine if it was aggravated by active duty. The bilateral foot disorder may be due to surgery during active duty, and the nasal and eye disorders are likely due to service.

The Board found that the evidence received since the March 1992 rating decision does not relate to the unestablished fact necessary to substantiate the claim of service connection for right knee patellar femoral pain syndrome, and thus is not material. As a result, the claim may not be reopened.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for examinations to determine if his current conditions are related to service.

The Board has denied the Veteran's claims for service connection for osteoarthritis of the right hand, left hand, and left knee due to a lack of evidence showing these conditions were incurred during active duty.

The Board has determined that additional medical examinations and opinions are needed to properly adjudicate the Veteran's claims for service connection due to the complexity of her conditions and their potential relationship to her active duty service.

The Veteran's service-connected disabilities do not prevent him from performing the duties of a TSA baggage screener, and his current occupation is not unsuitable based on his specific employment handicap and capabilities.

The Board denied the Veteran's increased rating claims for her bilateral knee chondromalacia patellae and femorotibial subluxation, finding that her symptoms did not warrant a higher disability rating based on the current evidence of record.