Knee decisions — 2010

The Veteran's claims for service connection for right and left knee disabilities are being remanded due to the need for additional development, including obtaining Social Security Administration records and medical records from VA and non-VA providers.

The Veteran's left knee degenerative joint disease was not manifested to a compensable degree within the first year after discharge from service and is not etiologically related to service.

The Board found that the Veteran's right and left knee arthritis did not become manifest during service or within one year of separation, and thus could not be presumed to have been incurred in service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's claim for service connection for the residuals of a left knee injury was denied. His claim for an initial compensable disability rating for a deviated septum from January 11, 2005 to March 1, 2008 was also denied.

The Board has remanded the case due to incomplete evidence and needs further examination.

The Veteran's right knee disability rating was reduced from 20 percent to 10 percent effective August 1, 2005. The Board finds that further development is needed to ensure a complete record before this issue can be properly adjudicated.

The Veteran's claims for earlier effective dates for the grants of a 50 percent disability rating for bilateral pes planus and TDIU, as well as service connection for degenerative joint disease of both knees, were not timely appealed within one year of notification. As such, these decisions are final.

The Veteran's claims for service connection were denied, and the issues of entitlement to increased ratings and earlier effective dates were also addressed. The Board found that new evidence did not reopen a claim for diabetes mellitus, and denied other claims.

The Veteran's claims for increased ratings for his knee disabilities and service connection for hearing loss and tinnitus were denied. The criteria for a rating in excess of 10 percent for chronic synovitis and degenerative changes in the right knee, as well as traumatic arthritis in the left knee, have not been met.

The Veteran's claim for service connection for bilateral knee disabilities was reopened and granted effective September 24, 1992. The initial rating claims are pending.

The Veteran's claims for increased ratings for hypertension and ulnar neuropathy of the right elbow were denied. The Veteran's claims for service connection for chronic knee disabilities were also denied.

The Veteran's claim for VA medical treatment without payment is being remanded due to the need to adjudicate her service connection claims and other pending claims related to her disabilities.

The Veteran's right shoulder disability was increased to a 40 percent rating, effective March 20, 2008.,The Veteran's left knee disability was increased to a 30 percent rating, effective March 20, 2008. He is still seeking SMC based on the need for regular aid and attendance or by reason of being housebound.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records.

The Veteran's service-connected lumbosacral strain and HNP, L4-L5, status post-operative are productive of incapacitating episodes requiring bed rest having a total duration that exceeds 6 weeks in a year. The Board has also granted an increased rating to 60 percent for this condition.

The Veteran's right knee disability is rated at 10 percent, and a separate 10 percent rating for instability of the right knee has been granted. The Veteran's left ankle impairment is rated at 20 percent.

The Veteran's right knee disability, including degenerative arthritis and instability, is currently rated at 10 percent for degenerative arthritis and 20 percent for instability. The Board finds that the current ratings adequately reflect the severity of his condition.

The Veteran's service-connected disabilities, including bilateral hearing loss, tinnitus, PTSD, and residuals of shell fragment wounds to the back and right leg, as well as osteoarthritis of the right knee, preclude him from obtaining or maintaining substantially gainful employment due to his education and occupational experience. The Board has determined that he meets the criteria for a TDIU.

The Board has remanded the case for additional development due to destruction of service medical records and the Veteran's reports of continuity of symptomatology.

The Board granted a separate 30 percent evaluation for residuals of left knee injury manifested by degenerative joint disease of the left knee with limitation of extension effective from February 19, 2005.