Knee decisions — 2010

The Veteran's bilateral knee pain and DJD are considered service-connected, while GERD is not. The Board finds that the Veteran's current symptoms of knee pain and DJD are related to his service, including his Anthrax vaccination injections.

The Veteran's knee disabilities have been rated based on limitation of motion, but the current ratings do not meet the criteria for higher evaluations due to the lack of ankylosis or other significant functional impairment.

The Board finds that the Veteran's claim to reopen his previously denied left knee disorder service connection claim is granted. The reduction of the Veteran's disability rating for prostate cancer residuals from 100 percent to 40 percent was proper, and the requirements for restoration have not been met.

The Veteran's bilateral hearing loss is not shown to be related to his active service and was first manifested years after service. The Board finds that the preponderance of the evidence is against entitlement to service connection for bilateral hearing loss.

The Board found that the Veteran does not have a current bilateral ankle disability and denied his claim for service connection. The Board also noted that there is no in-service treatment record of an ankle injury, but did not provide a VA examination or opinion regarding the knee disability.

The Board has remanded the case due to the Veteran's request for a hearing before a Veterans Law Judge at the RO. The appeal is not ready for further action.

The Board denied the appellant's request for an extension of his delimiting date beyond March 27, 2009 due to lack of medical evidence showing that his service-connected left knee disability prevented him from initiating or completing educational programs prior to his delimiting date.

The Board has remanded the case to obtain a VA examination and determine if the Veteran's current left knee disability is related to his in-service injury, which occurred during combat service.

The Board has remanded the case due to an incomplete VA examination, specifically a lack of evaluation for the appellant's reported burning numbness and tingling in his left knee.

The Veteran's service connection claims for arthritis of the lumbosacral spine and right knee were denied as his conditions are not related to active service.

The Veteran's service-connected intervertebral disc syndrome of the lumbar spine with degenerative changes is rated at 20 percent prior to January 3, 2008 and at 40 percent as of that date. Separate 10 percent evaluations are assigned for right and left lower extremity radiculopathy associated with the service-connected intervertebral disc syndrome. The Veteran's service-connected chondromalacia patella of the right knee and left knee is rated at 10 percent.

The Veteran's claim for higher ratings for his left knee disability is partially granted, with a 20 percent rating effective from March 25, 2009. However, the case is remanded to determine if he is entitled to an additional rating for instability.

The Board has denied the Veteran's claims for service connection for residuals of a left knee injury and residuals of a back injury, finding that there is no evidence linking these conditions to his military service.

The Veteran's service-connected surgical scar, right hip, is rated at a maximum of 10 percent due to tenderness on palpation. The claim for higher initial evaluations remains pending.

The Veteran's claims for an earlier effective date for bilateral hearing loss, a compensable rating for residuals of right cheekbone fracture, and service connection for various conditions have been denied. The Board found that the evidence did not meet the criteria for an earlier effective date prior to June 13, 2003, as no claim was filed before this date. The Veteran's other claims were also denied.

The Board found that the Veteran's current right knee, right lower leg, and left knee disabilities are not related to his active service. The evidence did not establish a nexus between any of these conditions and service.

The Board found that the Veteran's service-connected knee disabilities do not present an exceptional or unusual disability picture and denied his claims for increased ratings.

The Veteran's claims for increased ratings for lumbosacral strain, chondromalacia of the left knee, and inguinal hernia were denied as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings.

The Veteran's request for additional vocational rehabilitation training was denied as he had already been declared rehabilitated and employed in a suitable position.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his claim for TDIU is granted.