Knee decisions — 2010

The Board denied the appellant's claims for increased ratings for his right knee conditions, finding that the evidence did not meet the criteria for a higher rating prior to October 5, 2006.

The Veteran meets the criteria for a TDIU due to his service-connected disabilities, which prevent him from engaging in substantially gainful employment.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims of entitlement to service connection for right and left knee disabilities. The claims are now considered for their merits.

The Veteran's claims for service connection for bilateral hearing loss, low back disability, right knee disability, deviated septum, and pes planus have been denied as there is no current evidence of these conditions.

The Board denied the appellant's claims for an increased evaluation for his right knee disability and service connection for tinnitus, finding that the evidence did not support a higher rating or service connection.

The Board has determined that additional development is necessary to determine the Veteran's eligibility for service connection of his bilateral knee disorder.

The Veteran's claim for service connection for tinnitus has been granted. However, his claim for a higher rating for DJD of the right knee remains denied.

The Veteran's claims for service connection for various conditions, including shortness of breath and chest pain, a psychiatric disability, headaches, and knee disabilities are denied as there is no competent evidence of current diagnoses or a nexus to service.

The Veteran's left knee disability, including arthritis and ACL tear, has been rated based on the residuals of a total knee replacement since September 1, 2009. The current rating is for pain and limited motion.

The Veteran's service-connected left knee disability is currently manifested by pain and minimal limitation of motion, but does not meet the criteria for a higher rating as her symptoms do not warrant an increase in disability beyond the current 10 percent assigned.

The Veteran's appeal is being remanded for further review of the evidence by the agency of original jurisdiction.

The Board has determined that the Veteran's right knee arthritis and nose disability are not service-connected due to lack of medical evidence linking these conditions to his military service.

The Veteran's claims for effective dates prior to December 7, 2004 for the grant of service connection for right knee osteoarthropathy and lumbar spondylosis were denied as there was no evidence showing entitlement arose before that date.

The Board denied service connection for various disabilities, including right and left knee disabilities, as secondary to the Veteran's service-connected low back disability. The evaluations for her scar disabilities were also denied.

The Veteran's claims for increased ratings and service connection were granted, with the right knee meniscal repair receiving a 20 percent rating from July 8, 2007 to September 1, 2009. The other conditions received their respective initial disability ratings.

The Veteran's appeal is being remanded for additional development, including obtaining relevant VA treatment records and a VA examination to assess the degree of impairment due to his service-connected right knee patellofemoral syndrome. The issues on appeal are an increased evaluation for his right knee disability and entitlement to a total rating based on individual unemployability.

The Veteran's left knee disorder, prior to July 23, 2008, warrants a 10 percent rating based on limitation of motion. From July 23, 2008, the Veteran is rated at 10 percent for her left knee disorder.

The Veteran's claims for increased evaluations for his low back and bilateral knee disabilities were denied. The criteria for an evaluation in excess of the assigned ratings were not met.

The Veteran's death was found to be caused by service-connected disabilities, specifically arthritis of the right knee and a total left knee replacement. The claim for DIC under 38 U.S.C. § 1318 is dismissed as the cause of death has been established.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.