Knee decisions — 2010

The Veteran's left knee injury residuals with chondromalacia patella are currently rated at 30% disabling, and his left knee osteoarthritis is rated at 10%. The VA has determined that these ratings adequately reflect the severity of the veteran's conditions.

The Veteran's service-connected left knee ligament laxity is not characterized by moderate recurrent subluxation or lateral instability, and therefore does not warrant a higher disability rating.

The Board denied the Veteran's claims of service connection for right knee disorder, COPD or asbestosis, pulmonary hypertension, vascular hypertension, and sinusitis. The Board found that there was insufficient evidence to establish a link between these conditions and his military service.

The Board has determined that additional development is needed to clarify the relationship between the Veteran's bilateral knee sprain and his service-connected right ankle sprain, as well as whether the knee disability is secondary to the ankle disability.

The Board has ordered additional development due to the need for a VA examination and consideration of new evidence.

The Board finds that the Veteran does not have a currently diagnosed back or bilateral knee disorder related to his military service. The claim for service connection is denied.

The Board has determined that the Veteran's current bilateral knee disorder is not related to his active service and therefore denied his claim for service connection.

The Veteran's service-connected traumatic arthritis of the right knee is currently rated at 10 percent for limitation of extension and flexion, effective from November 7, 2008.

The Board denied service connection for arthritis of the left and right knees, finding no evidence of a chronic disability within one year post-service or any link to service.

The Veteran's left knee disability, including arthritis, warrants a separate 10 percent rating under Diagnostic Code 5003 for the service-connected degenerative joint disease. The current 20 percent rating for instability remains unchanged.

The Board has determined that further medical examinations and opinions are needed to determine if the Veteran's current left knee disability and pulmonary disability are related to his active service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected knee disabilities and shin splints.

The Veteran's appeals for bilateral hearing loss and tinnitus have been withdrawn. The remaining issues of service connection for muscle spasms of the thoracic spine and a left knee disorder are addressed in this decision.

The Board has determined that the Veteran's current age-related degenerative arthritis of the left knee and bilateral hips were not incurred or aggravated by service, and therefore denied his claims for service connection.

The Veteran's neurological manifestations of the left lower extremity were not shown to have resulted in impairment greater than mild incomplete paralysis of the left sciatic nerve prior to November 19, 2007 and moderate from that date. Therefore, increases in the 'staged' ratings (10 percent prior to November 19, 2007 and 20 percent from that date) assigned for neurological manifestations of the left lower extremity are not warranted.

The Veteran's appeal is being remanded due to the denial of service connection for left knee osteoarthritis and a TDIU claim. The case will be returned to the Board after completion of additional development.

The Board has determined that additional development is needed to clarify the diagnoses of the Veteran's left ankle and right knee disabilities, as well as determine whether such disabilities are related to service. The case is being remanded for further action.

The Veteran meets the schedular percentage threshold criteria for a TDIU due to his service-connected disabilities, and is unemployable solely due to these conditions.

The Veteran's claims for increased ratings have been denied due to his failure to report for scheduled VA examinations.

The Board has determined that the Veteran's left knee disorder is service-connected. The right knee disorder and hypertension claims are remanded for further development.