Knee decisions — 2011

The Veteran's service-connected right knee disabilities have been rated based on instability and arthritis, with no evidence of ankylosis or symptomatic removal of semilunar cartilage. The current ratings are appropriate.

The Board denied claims for increased ratings for right knee instability and degenerative changes, finding that the Veteran's disability did not meet or approximate criteria for a higher evaluation.

The Veteran seeks a TDIU based on his service-connected disabilities, but the case is remanded due to incomplete medical records and need for further examination.

The Veteran's osteoarthropathy of the right knee is currently rated at 20 percent, but no greater. The Veteran's osteoarthropathy of the left knee has not met the criteria for an evaluation in excess of 10 percent.

The Board has decided to remand the case for further development, including obtaining medical records and service dates from the appellant's reserve component. The claim will be reconsidered after these actions.

The Veteran's service-connected degenerative arthritis of the left knee prior to August 22, 2007 is not manifested by flexion limited to 30 degrees or less and extension limited to 15 degrees or more. For the period since total left knee replacement (October 1, 2008), his service-connected disability has not been manifested by severe painful motion or weakness in the affected extremity.

The Veteran's claim for service connection for a chronic left knee disability was denied as there is no evidence of a current disability that is causally or etiologically related to his active duty. The Board found the Veteran did not have a left knee disability during service and has not developed since then.

The Board found no evidence of a right knee disability during service and concluded that the Veteran's current right knee disability is not related to his military service. The claim for service connection was denied.

The Board has denied the Veteran's claims for service connection for patellofemoral syndrome of the left knee, bilateral stress fractures of the lower extremities, and migraine headaches as there is no competent evidence demonstrating current disabilities related to these conditions that may be linked to service.

The Veteran's appeal for increased initial rating for a right knee disability has been withdrawn, and the case is dismissed.

The Board dismissed the Veteran's claim challenging the amount of Combat Related Special Compensation (CRSC) payment, finding that his claim was legally barred due to the nature of CRSC and TDIU benefits.

The Veteran's service-connected disabilities do not preclude him from participating in substantially gainful employment.

The Board found that the Veteran's right knee disability, including associated scars, did not warrant a rating higher than 10 percent.

The Veteran's initial ratings for chondromalacia of the left and right knees have been denied as his disabilities do not warrant a rating higher than 10 percent.

The Veteran's right knee arthritis is service-connected, and he has a current right ankle sprain disability that warrants a 10% evaluation. The claim for service connection for a right hip disability was denied as secondary to service-connected disability.

The Veteran's nonservice-connected disabilities, including osteoarthritis of the right and left knees, degenerative joint disease of the lumbar spine, and thoracic outlet syndrome, do not meet the criteria for special monthly pension based on need for aid and attendance or by reason of being housebound due to his ability to perform daily activities with assistance.

The Veteran's claim for service connection for asthma was denied in 1973, but new evidence has not been received to reopen the claim. The Veteran is granted a 70 percent rating for PTSD and no higher since it meets criteria for such a rating. Other claims have also been addressed.

The Veteran's initial ratings for right knee strain and right elbow strain were granted, but the Board found that a higher rating was not warranted at any point during the appeal period.

The Veteran's appeal is being remanded for additional development to determine his employability due to his service-connected disabilities.

The Board has determined that an examination is needed to determine if the appellant's left knee disability is related to service, and thus remands the case for further action.