Knee decisions — 2010

The Board denied a total disability rating based on individual unemployability (T/R) from January 2004 to March 2005 and from December 2005 to September 2006, finding that the veteran's service-connected disabilities did not meet the minimum percentage requirements for a T/R.

The Veteran's osteoarthritis of the left and right knees, with limitations on flexion and extension, has been rated at 30 percent for limitation of extension and 20 percent for limitation of flexion. These ratings are effective June 10, 2010.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a left knee disability, but has not found sufficient evidence to grant service connection.

The Board found that the Veteran's left knee disorder did not start during service and is not related to his period of service, thus denying his claim for service connection.

The Board has determined that the Veteran's current left knee disability is related to her in-service injury while playing softball, and thus service connection for this condition is granted.

The Board found that the Veteran's left knee and back disorders are not proximately due to or aggravated by his service-connected right knee disorder. The claims for secondary service connection were denied.

The Veteran's right knee disability, characterized by instability and arthritis, did not meet the criteria for a rating in excess of 10 percent during the period from May 14, 2004, through May 24, 2007.

The Board has reopened the Veteran's claim for service connection for a low back condition, to include as secondary to service-connected right knee strain. The case is remanded for further development and readjudication.

The Board has granted service connection for a left knee disability, finding that the Veteran's current left knee meniscus tear is related to his active duty service. The issue of an initial evaluation in excess of 20 percent for service-connected lumbosacral spine degenerative joint disease remains pending and will be remanded for further development.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected left knee disability and any related surgical scars. The case will be re-adjudicated after this additional development.

The Veteran's appeal was denied as his claim for a higher rating for the service-connected left knee disability prior to December 30, 2008 and from that date forward is not supported by evidence of record.

The Veteran's appeal was dismissed due to his withdrawal of the increased rating for tinnitus. The claims for service connection and disability ratings were denied, as well as the extension of special monthly compensation.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional examinations and records.

The Veteran's service-connected disabilities do not render her helpless as to be in need of the regular aid and attendance of another person, nor does she meet the criteria for housebound status.

The Veteran's effective date for a 30 percent rating for his right knee total knee replacement is set at February 7, 2007. However, the Board found that an earlier effective date of September 19, 2006 (one year prior to the receipt of the claim) would be appropriate based on the fact that he had a prosthetic knee joint in place for one year.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits records. The RO will then review the claim and readjudicate it.

The Veteran's left knee strain with degenerative joint disease has not been shown to meet the criteria for a rating in excess of 10 percent.

The Veteran's claims for increased ratings for his service-connected right and left knee disorders are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The Board denied service connection for degenerative arthritis of the lumbar spine, shoulders, knees, and ankles. The decision is final as no new evidence or claims were submitted within one year of the last denial.

The Board has reopened the Veteran's claim for service connection of a right knee disability, finding new and material evidence. The opinion from a private physician suggests that the current right knee disability is related to an injury sustained during service.