Knee decisions — 2010

The Veteran's appeal is being remanded for further examination and evaluation of his left knee disability, which includes instability and arthritis with slight loss of range of motion. The case will be returned to the Board after additional development.

The Veteran's sinusitis with allergic rhinitis is manifested by an absence of greater than 50-percent obstruction of nasal passage on both sides or complete obstruction of one nasal passage, and he has no polyps. He has non-incapacitating episodes of sinusitis characterized by headaches, pain, and purulent discharge. The criteria for a 10 percent rating are met.

The Board has remanded the claims for additional development due to incomplete records and further examination.

The Veteran's appeal is being remanded due to the need for a new examination of his right knee disability.

The Veteran's claims for service connection were granted, and he was assigned a rating of 30 percent for his PTSD. The Board also found that the Veteran did not have sleep apnea or hepatitis C due to service, but he does have tinnitus, headaches, anxiety disorder, depression disorder, lower back disorder, upper back disorder, bilateral hearing loss, and bilateral hand disorders related to service.

The Veteran's appeal was dismissed due to his death while the appeal was pending before the Court.

The Veteran's claims for increased ratings for residuals of a fracture of the left femur with left knee restriction and low back strain have been dismissed due to the death of the Veteran during the appeal process.

The Veteran's claims for increased ratings for service-connected ankylosing spondylitis of the left knee, right elbow, and right shoulder are being remanded due to inadequate examination records and need for updated VA treatment records.

The Veteran's right knee disability is rated at 10 percent for instability and arthritis, while his left knee disability is rated at 10 percent for arthritis. Both disabilities are not shown to warrant a higher rating.

The evidence does not support a finding that the Veteran's left knee disorder was incurred in or aggravated by his military service, including as a result of parachute jumps. The Board finds no direct service connection for this condition.

The Veteran withdrew his appeal regarding the extraschedular evaluations for chronic low back strain, torn left knee ligament, and torn right medial meniscus with chondromalacia.

The Board has granted service connection for the Veteran's right knee disorder, left knee disorder, left foot/ankle disorder, lower back disorder, and GERD as secondary to his service-connected right foot/ankle disorder.

The Veteran's claim for a temporary total disability rating from July 1, 2004 to June 30, 2005 following his left knee surgery is granted. However, the claim for a temporary total disability rating from July 1, 2005 to August 31, 2005 is denied.

The Veteran's claims for service connection and increased ratings are denied. The Veteran has been granted service connection for tinnitus, but the maximum disability rating is already assigned.

The Board has granted the Veteran's service connection claims for bilateral knee disability and right hip disability, finding that these conditions are proximately due to his service-connected foot disorder.

The Board found that the Veteran's service-connected degenerative joint disease of the lumbar spine did not warrant an evaluation higher than 20 percent for the portions of the appeal period from January 22, 2003, to June 11, 2007, and from December 1, 2007. The Veteran's right knee retropatellar pain syndrome with baker's cyst also did not warrant an evaluation higher than 10 percent during the appeal period.

The Veteran's initial evaluations for his left knee arthritis and instability were maintained, with a separate compensable evaluation granted for his skin disorder.

The Veteran's service-connected PTSD and right knee scar disability meet the schedular percentage criteria for TDIU, and his claim is granted.

The Board denied service connection for a right knee disability and denied an increased rating for degenerative arthritis of the left knee. The Veteran's low back disability was rated at 10 percent.

The Veteran's achalasia is currently rated at 30 percent, effective February 22, 2007. The left knee disability remains at a non-compensable rating.