Knee decisions — 2010

The Veteran's low back disability is rated at 20 percent, and his left and right knee disabilities are each rated at 10 percent. These ratings have been granted.

The Veteran's claim for an increased rating for his right knee disability is being remanded due to the need for additional development, including obtaining outstanding VA and private treatment records.

The Board denied earlier effective dates for the grants of service connection on multiple conditions and did not assign initial ratings in excess of certain disability levels.

The Veteran's urinary incontinence is service-connected as it is caused by her service-connected complex partial seizures. For the period prior to August 21, 2007, she was granted a disability rating of 50 percent for migraine headaches due to very frequent completely prostrating and prolonged attacks. From August 21, 2007, the Veteran's migraine headaches are rated at 30 percent disabling. The Veteran's allergic rhinitis is not service-connected.

The Board dismissed the appeals for service connection of right and left knee conditions as there was no justiciable case or controversy remaining within the Board's jurisdiction.

The Board found that the Veteran's service-connected posttraumatic stress disorder did not cause or aggravate his erectile dysfunction, GERD, left knee disability, right knee degenerative joint disease, back disability, or skin disability. The claims were denied as there was no evidence to support a direct relationship between these conditions and the Veteran's period of active military service.

The Board found that the Veteran's current right knee disability was not incurred in or aggravated by active service and is not related to a service-connected condition. The claim for service connection was denied.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and review of all relevant medical records.

The Veteran's claim for increased evaluations for his right femur disability and scar was denied. The RO assigned a 30 percent rating for the fracture right femur with right knee degenerative joint disease effective June 29, 2010.

The Board has denied the Veteran's claim for service connection for arthritis of multiple joints as secondary to his service-connected sarcoidosis. However, it has granted a new and material evidence finding for the direct service connection issue.

The Veteran's claims for service connection for bilateral hearing loss, diverticulitis, gastroesophageal reflux disease (GERD), left knee disorder, and right foot disorder were denied. The Board found no current diagnoses of the claimed conditions or evidence linking them to service.

The Veteran's service-connected left knee instability and chronic lumbar strain with degenerative changes, L1-L5, are not shown to warrant a higher initial rating.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has reopened the Veteran's previously denied claims of service connection for patellofemoral pain syndrome in each knee and bilateral shin splints, including as secondary to service-connected Achilles tendonitis. However, it did not grant these claims or assign disability ratings.

The Veteran's claims for increased evaluations were denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of the assigned noncompensable ratings for most conditions, except for a 20 percent evaluation for left shoulder impingement status post surgery.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, rectal incontinence associated with scleroderma, calcinosis of the fingers associated with scleroderma with Raynaud's phenomenon, limitation of motion of left ankle due to scleroderma with Raynaud's phenomenon, left carpal tunnel syndrome (nondominant extremity) due to scleroderma with Raynaud's phenomenon, right knee synovitis, status post arthroscopy, flatfoot with left foot pain due to scleroderma with Raynaud's phenomenon, flatfoot with right foot pain due to scleroderma with Raynaud's phenomenon, hiatal hernia with gastroesophageal reflux disease (GERD), and right carpal tunnel syndrome (dominant extremity) due to scleroderma with Raynaud's phenomenon, are of such severity as to preclude her from engaging in substantially gainful employment.

The Veteran's claim for service connection for a right shoulder disability was denied as there is no evidence of a chronic condition related to her active duty. The claims for left knee, fractured left tibia residuals, and metatarsal disabilities are also denied.

The Board has granted service connection for right knee chondromalacia and arthritis, as well as erectile dysfunction. The Veteran's right knee disability is considered to be a direct result of injuries sustained during service.

The Veteran's appeal is being remanded for further development of his claims, including obtaining additional VA treatment records and scheduling an orthopedic examination to address the relationship between his service-connected lumbar strain and any current right knee and hip disorders.

The Veteran's service-connected right knee disability is currently rated at 30 percent, and the Board finds that a rating in excess of 30 percent is not warranted.