Knee decisions — 2011

The Veteran is entitled to a total rating based on individual unemployability due to his service-connected disabilities, effective January 26, 2007.

The Board found that the Veteran's current right knee disability, primarily diagnosed as degenerative changes, is not related to service and denied his claim for service connection.

The appeal is being remanded due to the timeliness of the Veteran's substantive appeal and a need to reconsider whether new and material evidence has been received to reopen his claim for service connection for low back disability.

The Veteran's skin rashes of the chest, neck, bilateral elbows, and bilateral shins are not service-connected.,For his left knee disability, he is currently rated at 10 percent for limitation of flexion to 90 degrees and extension to 0 degrees. The higher rating of 20 percent is denied as there is no evidence of ankylosis or instability.,His obstructive sleep apnea is currently rated at 50 percent, which requires the use of a breathing assistance device (CPAP machine). A higher rating of 100 percent for chronic respiratory failure with carbon dioxide retention or cor pulmonale and requiring tracheostomy is denied.

The Veteran's right knee disability, including his service-connected bursitis and patellofemoral syndrome, is currently rated at 10 percent. The Board has found that the current rating adequately reflects the severity of his condition.

The Veteran's service-connected disabilities, including his right elbow and knee conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has determined that referral to the VA Compensation and Pension Service is warranted for consideration of a TDIU on an extraschedular basis.

The Veteran's right and left feet disabilities have been granted initial disability ratings of 10 percent, effective April 1, 2005.

The Board has remanded the case for further development due to incomplete service treatment records and other issues.

The Board has determined that the appellant's service-connected right common peroneal nerve disability warrants a 40 percent rating, and his service-connected right knee dislocation status post total right knee arthroplasty warrants a 30 percent rating.

The Veteran's left ankle injury with retained foreign body is rated at 20 percent, while his claim for service connection of a bilateral knee disorder secondary to the ankle injury is denied.

The Veteran developed residual neurological disabilities, including left foot drop and paralysis of the left lower extremity below the knee, following a laminectomy performed by VA in July 1987. These conditions are considered service-connected due to their direct relationship with the treatment provided.

The Veteran's left knee instability and arthritis with painful motion are currently rated at 10 percent each, but do not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has determined that new and material evidence has not been received to reopen the claims for left ear hearing loss and right knee disability. The evaluation in excess of 10 percent for residuals of a fracture of the right index finger remains unchanged.

The Board has denied the Veteran's claims for service connection for lower back, left knee, and left shoulder disorders due to a lack of medical evidence linking these conditions to service. The Veteran's reported in-service fall did not result in current diagnoses of his claimed disabilities.

The Veteran is unemployable due to service-connected disabilities, and the Board has granted a total disability rating based on individual unemployability effective from February 1, 2008.

The Veteran's right knee disability, including arthritis and instability, has been rated at 20 percent since May 2004. The rating is for functional loss due to arthritis.

The Board has dismissed the appeals for carpal tunnel syndrome, diabetes mellitus, glaucoma and cataracts, high cholesterol, and hypertension. The remaining issues of service connection for asbestosis, COPD, spurring of cervical and lumbar spine (back disorder), sleep apnea, tonsil disorder, bilateral knee arthritis with total knee replacement, right foot Achilles tendon (right foot disorder), and left foot disorder are addressed below.

The Veteran's right knee disability, including post-surgical conditions and pre-existing osteoarthritis, is rated at 60 percent effective February 1, 2009. The asthma disability remains rated at the maximum schedular rating of 30 percent.

The Veteran's claims for increased ratings for his service-connected left knee disability and left inguinal herniorrhaphy are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The VA denied an initial evaluation in excess of 10 percent for degenerative joint disease of the right knee, finding that the condition is manifested by pain and limited motion without instability or recurrent subluxation.