Knee decisions — 2010

The Veteran's claim for increased evaluations for her left knee disability was denied. The current evaluation of 10% for limitation of motion and a separate 10% evaluation for instability are not higher than what is currently assigned.

The Veteran's right knee disability, including severe degenerative changes and pain throughout his range of motion, did not warrant a rating in excess of 30 percent for the period from November 14, 2005 through June 8, 2008. For the periods prior to that time, the Veteran's right knee disability was productive of no more than moderate impairment.

The Veteran's claim for service connection for a left knee disorder has been granted, and he is now receiving a rating of 100%.

The Board has remanded the case for additional development to determine if the Veteran's left knee disability is related to service or a service-connected condition.

The Veteran's right knee strain was granted a noncompensable rating from April 29, 2003 to December 12, 2008 and a compensable rating of 10 percent thereafter. The lumbar spine strain was granted an initial disability rating of 20 percent effective April 23, 2003.

The Board has determined that the Veteran does not have current disabilities of either his right or left knee, and thus service connection for these conditions is denied.

The Veteran's service-connected left leg disabilities, including his below-the-knee amputation and muscle injury of the anterior thigh, contributed to his left above-the-knee amputation. This amputation was a proximate cause of his death from congestive heart failure.

The Veteran's claim for an effective date earlier than July 30, 2007 for the grant of service connection for right knee laxity with patellar tendonitis was denied. The earliest possible claim to reopen was received on July 30, 2007, and there are no documents that can be construed as a claim prior to this date.

The Veteran's appeal is being remanded to determine if he is entitled to an increased rating for his bilateral knee disabilities on an extra-schedular basis.

The Veteran's service connection claims for retropatellar pain syndrome of the right and left knees have been granted. The Veteran is also entitled to a 10 percent rating for his postoperative residuals of a right shoulder dislocation with degenerative joint disease and impingement syndrome from December 10, 2008, to the present. He is not entitled to an initial disability rating in excess of 10 percent prior to that date or on and after March 11, 2009 for his lumbar strain with degenerative joint disease and rotoscoliosis.

The Board denied service connection for a right knee disability in November 1999, finding that the Veteran did not have a current diagnosis of such condition. The decision is upheld as there was no clear and unmistakable error.

The Board has granted service connection for hypertension, finding that it is presumed to have been incurred in service. The other claims of service connection are not addressed as they are remanded.

The Veteran's right knee disability is currently rated at 10 percent, and his left knee disability was initially rated as noncompensable but has since been increased to 10 percent. The appeal for higher ratings remains pending.

The Veteran's claims for service connection were denied as there is no evidence of current disabilities or a link to active duty service.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his service-connected right knee disability and an evaluation of his claim for TDIU. Outstanding VA medical records are also needed.

The Board found no medical evidence linking the Veteran's current left knee disability to his military service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a secondary service connection theory of entitlement and an updated VA examination.

The Veteran is seeking service connection for bilateral hearing loss, tinnitus, and a bilateral knee disability. The Board finds that additional development is necessary due to conflicting evidence of record regarding the onset of his disabilities.

The Veteran's claim for an increased rating for his left knee strain is being remanded due to the need for additional evidence and a VA examination.

The Board denied the Veteran's claims for new and material evidence for service connection for a low back disorder, service connection for a left shoulder disorder, entitlement to a temporary total disability evaluation under 38 C.F.R. § 4.30 for surgery of the left shoulder, entitlement to an initial rating in excess of 30 percent for major depressive disorder, and entitlement to a compensable evaluation for internal derangement of the right knee.