Knee decisions — 2010

The Board has denied the Veteran's claims for increased ratings for his service-connected right and left knee disabilities, finding that the evidence does not support a rating in excess of 10 percent.

The Board has remanded the case for additional development due to insufficient opinions and missing medical records.

The Veteran's service-connected shell fragment wounds to the left thigh and right calf, as well as traumatic arthritis of the left knee, are currently rated at 10 percent. The Board denied increased ratings for these conditions.

The Veteran's appeal was denied for an increased disability rating for his service-connected right total knee replacement.

The Veteran's claims for increased ratings for his service-connected right knee instability and lumbar spine disability were denied. The Veteran was not granted a higher rating for instability of the right knee, as the maximum schedular rating under Diagnostic Code 5257 is already assigned. Separate compensable ratings for limitation of extension and flexion of the right knee were also denied. For his degenerative disc disease of the lumbar spine, grade I spondylolisthesis, a higher rating was not granted due to lack of evidence showing fracture of a vertebral body with demonstrable deformity, pronounced intervertebral disc syndrome, ankylosis of any portion of the spine or separate neurologic manifestations.

The Board has determined that the appellant's right knee infection, which occurred as a result of his August 2002 VA total knee replacement surgery, was not reasonably foreseeable and thus qualifies for compensation under 38 U.S.C.A. § 1151.

The Veteran's combined disability evaluation is 70 percent, which meets the percentage requirements for a TDIU. The Veteran has been found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for PTSD, major depressive disorder, sleep apnea, arthritis of the right and left knees, and radiculopathy of the left lower extremity. The Board found that there was no evidence linking these conditions to her military service.

The Board has denied the Veteran's claims for initial compensable ratings for his right foot arch strain, right ankle strain, and right knee strain. The criteria do not meet the requirements for a higher rating under any applicable diagnostic codes.

The Board denied service connection for left knee and cervical spine disorders, finding no credible evidence of current disabilities or a link to the 2003 motor vehicle accident.

The Veteran's right knee disability, prior to January 28, 2008, is rated at 20 percent. After March 1, 2009, the Veteran's right knee disability (post-total knee replacement) warrants a rating of 30 percent.

The Veteran's claims for reimbursement of private medical expenses incurred between June 2005 and May 2006 were denied as the care provided was not rendered in conjunction with a medical emergency, and prior authorization from VA had not been obtained.

The Veteran's claim for service connection for a left knee disorder is being remanded due to the need for additional medical examination and development of her claims file.

The Board has determined that the Veteran does not have a current bilateral knee disability that is service-connected. The evidence shows no chronicity of such disabilities during active duty and no link to service.

The VA determined that the Veteran does not have a current left knee disability and found no evidence linking his in-service injury to any current condition. The Board concluded that service connection for the claimed left knee disability is denied.

The Veteran's claim for service connection for a bilateral knee disability is being remanded due to the need for further medical development and clarification of his current diagnosis.

The Veteran's appeal is remanded due to the need for a thorough examination regarding his service-connected schizophrenia and an appropriate VA examination for his left knee disability. The Board will consider the new evidence in its decision.

The Veteran's service-connected left knee disability is currently rated at 60 percent, which includes a rating of 50 percent for medial meniscus injury with tricompartmental arthritis and a separate 10 percent rating for limitation of flexion. The Board has determined that the current ratings are appropriate under the applicable diagnostic codes.

The Veteran's left knee instability is rated at 10 percent, and his bilateral pes planus warrants a separate 10 percent evaluation. The claims for reopening service connection for neck, back, and right knee disorders are granted, but the claim for sleep apnea remains pending.

The Board found that the Veteran's left knee disorder is proximately due to or the result of his service-connected right knee disability, and granted service connection for this condition.