Knee decisions — 2011

The Veteran's right knee disability was reduced from 30 percent to 10 percent effective June 1, 2010. The Board finds that the evidence does not support a finding of material improvement in his condition at the time of the reduction and thus grants restoration of the 30 percent rating.

The Board has determined that the Veteran's right knee disability is service-connected, as it was incurred during his military service.

The Board denied the Veteran's appeal for an earlier effective date of February 27, 2002 for his TDIU due to service-connected disabilities. The evidence did not show that he was precluded from following a substantially gainful occupation prior to this date.

The Veteran's left and right knees exhibit a range of motion, with no additional limitation on repetitive use. The RO denied the Veteran's claims for increased ratings.

The Board has granted a 10 percent rating for the Veteran's right knee disability, which includes limitation of motion and symptomatic removal of semilunar cartilage (partial lateral meniscectomy).

The Board denied service connection for gout involving the feet and knees, as well as a left knee disability on both direct and secondary bases. The Veteran's claims were not supported by competent evidence.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected left knee disability and determine if he qualifies for TDIU.

The Board has determined that the postoperative residuals of medial meniscal tear and synovitis with plica of the right knee are related to service-connected disability, specifically patello-femoral syndrome. As such, the claim is granted.

The Veteran has a scar on the left knee that is as likely as not related to an in-service shrapnel wound. The Veteran does not have an orthopedic disability involving the left knee that is attributable to service or to include service-connected disability.

The Board found that the Veteran's left knee disability did not have onset in service or within one year of service and was not caused or aggravated by his active military service.

The Veteran's service-connected disabilities, including post-operative herniated disc of the lumbar spine with left sciatica, degenerative arthritis of the right knee, radiculopathy of the right and left lower extremities, status post amputation of the left little finger, bipolar disorder, tinnitus, asbestosis, and tinnitus, render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's right and left knee disabilities were aggravated by his final period of active service, leading to a grant of service connection for these conditions.

The Veteran's claims for new and material evidence to reopen his service connection claims are being remanded due to the failure to report for a scheduled hearing. The Board will reschedule the Veteran for a Travel Board hearing at the earliest available opportunity.

The Board has granted service connection for bilateral knee disorders and an acquired psychiatric disorder, to include PTSD and adjustment disorder. The Veteran's knee conditions are related to his military service, while the psychiatric condition is considered a direct result of service.

The Veteran's claims for an increased evaluation of his right knee laxity and instability, as well as service connection for a spinal cord injury, C6-7, L4-5 are being remanded due to the need for additional examinations and development.

The Board has reopened the Veteran's claims for service connection for low back disorder, bilateral knee disorders, and left shoulder disorder due to new evidence submitted since the February 2005 rating decision. The Board finds that these conditions are related to service.

The Veteran has withdrawn her appeals on several issues, including those related to scars, knee conditions, and secondary service connection claims. As a result, the Board does not have jurisdiction to consider these claims.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU or specially adapted housing grant due to his ability to perform sedentary clerical work from his motorized scooter, despite his significant nonservice-connected disabilities.

The Veteran's left leg disability, manifested by left knee arthritis and osteopenia, left Achilles tendonitis, and a left calcaneal spur, is not due to a disease or injury that was incurred in or aggravated by service.

The Board denied the Veteran's claims of entitlement to service connection for neck, lumbar spine, right knee, and left knee disabilities due to a lack of medical evidence linking these conditions to his military service.