Knee decisions — 2010

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a left knee disability, but denied the right knee disability. The Veteran's claims are therefore considered 'mixed' as some issues were granted while others were not.

The Veteran's initial claim for a higher disability rating for internal derangement of the left knee was granted, with an effective date from July 5, 2007. A separate 10 percent disability rating was also granted for limitation of flexion of the left knee from July 13, 2004, to November 18, 2004. The Veteran's claim remains pending for a higher disability rating.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected right and left knee disabilities. The effective date of this grant is December 7, 2005.

The Veteran's claims for increased ratings were denied. The lumbar spine disability was not found to meet the criteria for a higher rating, and the left knee disability did not meet the criteria for an initial compensable evaluation.

The Board found no evidence of current right or left hip or knee and leg disabilities, thus denying service connection for these conditions.

The Veteran's claims to reopen his service connection claims for psychiatric disorder, back disorder, stomach disorder, and bilateral knee disability are being remanded due to the need for additional development.

The Board found that the Veteran does not have a current right shoulder disability and denied service connection for it. The claim for increased evaluation of bilateral knee arthritis was also denied, as the evidence did not show that the disabilities were more severe than what is currently rated.

The Veteran's PTSD has been granted initial evaluations in excess of 50 percent since March 29, 2004. The other claims have been denied.

The Veteran's tinnitus, diabetes mellitus (secondary to service-connected left knee disability), and right knee disability are all granted as direct service connection. The effective date is not specified.

The Veteran's claims for increased evaluations and service connection were denied as his knee disabilities did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's service-connected conditions do not preclude him from obtaining and retaining all forms of substantially gainful employment consistent with his education and work experience.

The Veteran's right knee instability and degenerative joint disease have been rated at 10 percent each, with no higher ratings granted due to lack of incapacitating exacerbations or ankylosis.

The Board found that the Veteran's left knee disability, which includes arthritis, warrants a 10 percent disability rating. The claim for an increased rating for bilateral pes planus is pending and will be addressed in the REMAND portion of this decision.

The Veteran's right knee pain and low back strain have been rated at the lowest possible levels, with no additional disability found to warrant higher ratings.

The Veteran's claims for increased ratings and service connection were denied. The right knee disorder was found to be related to his service-connected left knee disorder, but the lumbar spine disorder and peripheral neuropathy of the left lower extremity are not considered service connected. Service connection for Parkinson's disease due to in-service herbicide exposure is also denied.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's appeal is being remanded for further development to determine his eligibility for specially adapted housing and adaptive equipment benefits due to service-connected disabilities.

The Board has decided to remand the case for additional development, including obtaining National Guard records and VA treatment records.

The Board has remanded the case for additional development due to incomplete records and need for a VA examination.

The Veteran's left knee disability is manifested by pain and subjective instability, with full extension but limited flexion to 55 degrees without pain. The Board finds that the evidence does not support a rating in excess of 10 percent for her service-connected left knee disability.