Knee decisions — 2010

The Board has reopened the Veteran's claim for service connection for a left knee disorder and granted it, finding that new evidence supports a current diagnosis of patella tendinitis/patellofemoral syndrome.

The Veteran's lumbar spine disorder was not incurred in or aggravated by his active service, nor is it secondary to a service-connected disability. The Board finds that the preponderance of the evidence is against the claim.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his knee disabilities.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Veteran's knee disabilities have been granted a 20 percent disability rating for each knee, effective from February 2008.

The Board denied the Veteran's claims for higher ratings and service connection, finding that his pes planus warranted a 50% rating throughout the appeal period.

The Veteran's claims for increased ratings for his right and left knee disabilities were denied. The Board found that the evidence did not support a higher rating based on current functional impairment.

The Veteran's claim for an increased evaluation for his service-connected right knee meniscectomy was denied as the evidence did not show impairment of the right knee characterized by recurrent subluxation and/or lateral instability, with overall range of motion being no worse than 0 to 130 degrees.

The Veteran's claims for increased ratings were denied as his service-connected degenerative joint and disc disease of the right knee, lumbar spine, and cervical spine did not meet the criteria for higher disability ratings at any point.

The Board has remanded the case due to a lack of compliance with previous directives and for further development, including scheduling a VA social and industrial survey and an orthopedic examination.

The Board has granted service connection for a right hip surgery scar and assigned an initial disability rating of 50 percent effective from November 19, 2009. The Veteran's claim for an earlier effective date for the right knee surgery scar is also addressed in this decision.

The Board has determined that the Veteran's hearing loss disability does not warrant a compensable rating, and his claims for service connection of sinusitis, bilateral knee disorder, and back disorder are denied.

The Veteran's appeal is being remanded due to incomplete development of his claims for higher initial ratings. The VA will provide the Veteran with another opportunity to submit information and evidence, obtain any additional evidence needed, and schedule a VA examination if necessary.

The Board found that there is no evidence linking the Veteran's current right hand and knee/leg disabilities to his military service. The claims were denied.

The Board has reopened the Veteran's claims for service connection for right and left knee conditions, but denied reopening of his claim for a compensable evaluation for residuals of a right fifth metatarsal fracture. The Board found that new evidence received since the October 2004 rating decision raised a reasonable possibility of substantiating the claims for right and left knee conditions, but did not find service connection due to lack of medical evidence linking these conditions to military service or any other cause.

The Veteran's bilateral knee disorders have been rated at the lowest possible initial rating of 10 percent, and no higher. The Board finds that the evidence does not support a finding warranting an increased rating.

The Board has determined that the appellant's claims of entitlement to service connection for asthma, right knee disorder, and left knee disorder need further development due to the need for additional medical opinions.

The Veteran's claim for special monthly compensation (SMC) at the rate allowed by 38 U.S.C.A. � 1114(r)(2) is granted, as he receives necessary and life-sustaining daily health care with hands-on facilitation by his wife who has received specific training and performs under the direction, guidance, and supervision of a caregiver.

The Veteran's migraine headaches have been rated as 10 percent disabling since April 29, 2010.,Prior to April 29, 2010, the Veteran's right shoulder disorder status post Bankhart procedure was rated as 20 percent disabling.

The Board has remanded the case due to the need for additional development, including obtaining medical opinions and records.