Knee decisions — 2011

The Veteran's claims for increased evaluations for her service-connected hypothyroidism and knee disorders were denied as the evidence did not support ratings in excess of 30 percent or 10 percent, respectively.

The Board finds that the appellant's current left knee disability is not related to his active duty service, and thus denies the claim for service connection.

The Veteran's bilateral knee disabilities, including residuals of total knee replacements, are currently rated as 30 percent disabling each. The Board has granted an effective date of September 24, 1992 for the grant of service connection and assigned a 30 percent rating for each knee.

The Board found that the Veteran's current bilateral knee disability is not related to his active military service and denied his claim.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that it was neither caused by nor aggravated by his active duty service or his service-connected left knee condition.

The Board has determined that additional development is necessary to fully and fairly consider the Veteran's claims, including obtaining medical records and scheduling VA examinations.

The Board has determined that the Veteran's left knee disability is secondary to his service-connected right knee disability and grants service connection for this condition. The rating of 20 percent for instability in the right knee remains unchanged, but a higher rating of up to 30 percent is granted for limitation of motion.

The Veteran withdrew his appeal regarding the issue of a rating in excess of 10 percent for a right knee disability.

The Board has denied the Veteran's attempts to reopen his claims for service connection for right wrist arthritis and chondromalacia of the right knee with patellofemoral pain syndrome, as well as his claim for service connection for hepatitis C. The rating for hepatitis B remains unchanged.

The Veteran does not have chronic bilateral knee disability due to disease or injury incurred in or aggravated by his active military service.

The Veteran's claim for service connection for various conditions, including hypertension and a back disability, was denied. The Veteran is not entitled to an increased rating for his hypertension.

The Veteran's claims for increased evaluations of his service-connected lumbar spine and right knee disabilities are being remanded to allow for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination.

The Board has determined that the Veteran's right knee disability was not incurred in or aggravated by active military service and therefore denied his claim.

The Veteran's increased rating claims for cervical/dorsal strain, chondromalacia of the left knee, and tension headaches have been denied as his conditions do not meet the criteria for a higher rating under VA regulations.,Specifically, the Veteran's cervical/dorsal spine disability does not result in forward flexion limited to 30 degrees or less, with combined range of motion no greater than 170 degrees. His left knee disability does not include recurrent subluxation or lateral instability resulting in limitation of extension to 10 degrees or more. And his tension headaches do not involve prostrating attacks occurring on an average once a month over the last several months.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected left knee chondromalacia patella and to determine if he has any current right knee or bilateral shin splints disabilities. The Veteran also needs to be provided with VCAA notice concerning TDIU.

The Board has found that new and material evidence has been submitted to reopen the Veteran's claims for service connection, but she does not meet the criteria for service connection as her current conditions are not supported by medical evidence.

The Veteran's left knee disability, characterized by limited range of motion and arthritis, does not meet the criteria for a rating in excess of 10 percent.

The Board has remanded the case for additional development, including obtaining outstanding records and ensuring that alternative sources of information are considered for a PTSD claim. The Veteran's bilateral plantar keratosis repair and lumbar spondylosis must also be examined to determine their current severity.

The Board finds that the Veteran does not have a current diagnosis of a bilateral knee disorder, bilateral ankle disorder, or respiratory disorder. The claims for these conditions are denied.

The reduction of the rating for right knee internal derangement with degenerative joint disease from 20% to 10%, effective February 1, 2009, was proper. The Veteran's appeal regarding a higher rating prior to February 1, 2009 and after that date is denied.