Knee decisions — 2010

The Veteran was granted service connection for PTSD and irritable bowel syndrome, with the latter receiving a rating of 10 percent.,PTSD is associated with stressful experiences during convoy operations in the Persian Gulf War.

The Veteran's claims for service connection for chronic fatigue syndrome, a psychiatric disorder (to include paranoid personality disorder), and a visual disability have been denied. The claim of entitlement to an initial evaluation in excess of 10 percent for a neurological disorder has been granted with a 10% evaluation.

The Veteran's appeal for increased ratings for migraine headaches and bilateral postoperative gynecomastia was dismissed due to the Veteran requesting withdrawal of his appeal. The TDIU claim remains on appeal.

The Veteran's claims for left ankle, bilateral hand, and bilateral knee disorders were denied as there is no current evidence of these conditions. The Veteran was found to have normal hearing with tinnitus in his left ear, which does not meet the criteria for service connection.

The Veteran's claims for service connection and increased ratings were denied. The decision did not address the issue of service connection, as it was addressed in a separate remand.

The Veteran's residuals of total left knee arthroplasty were found to more nearly approximate severe painful motion or weakness from November 1, 2007 to June 4, 2009, warranting a 60 percent evaluation.

The Veteran's claims for increased evaluations for his service-connected bilateral knee conditions are being remanded due to the need for additional VA examinations.

The Board has determined that the Veteran does not have a low back disability, left ankle or knee disabilities, bilateral leg disability, or right leg limp that is related to service. The claim for an evaluation in excess of 10 percent for residuals of a fracture of the right proximal fibula and distal tibia with traumatic arthritis has also been denied.

The Veteran's appeal is remanded due to the need for additional development, including a new VA examination.

The Board has determined that additional development is necessary to determine the etiology of the Veteran's claimed conditions, including whether they are related to service and/or ankylosing spondylitis.

The Board has determined that a VA examination is needed to determine the relationship between the Veteran's current bilateral knee disorder and his military service.

The Veteran's right knee and hip disabilities have been rated, but the claims for increased ratings are denied as there is no evidence of additional functional loss or instability that would warrant a higher rating.

The Board granted a 20 percent evaluation for each of the Veteran's knees, finding that his bilateral knee disabilities more nearly approximated an overall 40 percent rating under DCs 5260 and 5261. The effective date is not specified as it was determined to be inapplicable.

The Veteran meets the criteria for a permanent and total disability rating for nonservice-connected pension purposes due to multiple disabilities, including knee conditions, depression, tinnitus, hypertension, neuropathy, and arterial disease. The Veteran is found unemployable by reason of his disabilities.

The Board found that the Veteran's pre-existing left knee condition was not aggravated by service and is not related to his service-connected right knee disability, thus denying service connection for a left knee disability.

The Board has determined that the evidence is at least in equipoise and, therefore, service connection for a bilateral knee disorder is granted.

The Veteran's right knee condition is found to be related to his service-connected left knee disability, and he is granted a rating in excess of 10 percent for this condition.

The Board has denied the Veteran's applications to reopen her previously denied claims for service connection for an allergic skin disorder, bilateral lower extremity disorder, and bilateral knee disorder. The claim for PTSD was not addressed as it is considered a separate issue.

The Veteran's claim for an increased rating for his left knee disability is being remanded due to the need for a new VA examination and consideration of additional private treatment records.

The Veteran's service-connected left knee disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.