Knee decisions — 2011

The Board has remanded the case due to scheduling issues for VA examinations and further development of the claims.

The Veteran's claims for higher ratings for his service-connected cervical spine and right knee disabilities are being remanded due to the need for additional examinations to assess current disability levels.

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations. The issues of increased ratings for diabetes mellitus, left knee chondromalacia patella, and entitlement to a TDIU are all pending.

The Board has determined that the Veteran does not have a low back or left knee disorder that is attributable to his military service, including an injury sustained during service. Therefore, these claims for service connection are denied.

The Board found that the Veteran's bilateral knee and hip disabilities are not related to his military service, thus denying his claims for service connection.

The Board denied the Veteran's claims for service connection and initial disability ratings for various conditions, including tendinopathy of the left shoulder, right shoulder, left knee, ankle strain, tremor of uncertain etiology, and a gland condition. The Veteran's degenerative disc disease, C5-6 and C6-7, was rated at 20 percent, while his chronic low back strain remained at 10 percent.

The Veteran's right and left knee disorders have been rated at 10 percent since December 29, 2006. Separate ratings of 10 percent for instability in both knees are granted.

The Veteran's appeal is being remanded for further development, including obtaining a medical opinion regarding the relationship between his service-connected left ankle and left knee disabilities and his lumbar spine disorder. The Veteran's claims for increased disability ratings and service connection are also being remanded.

The Veteran's claim to reopen his right knee condition was denied because the evidence did not show a nexus between the current condition and service.,The Veteran's claim to reopen his pes planus with left ankle pain (left foot) was also denied because there was no evidence that the pre-existing condition was aggravated by service.

The Veteran's service-connected right and left knee disabilities are evaluated at 30% and 10%, respectively. The Board found that the current ratings adequately reflect his disability levels, thus denying increased rating claims for both knees. His TDIU claim was also denied as he did not meet the criteria for a combined rating of 70% or more due to service-connected disabilities.

The Board has determined that the Veteran's death was not caused by a service-connected condition, and therefore, his surviving spouse is not entitled to service connection for the cause of his death.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed in a part-time capacity and capable of performing sedentary work.

The Veteran's service-connected disabilities, including obstructive sleep apnea and generalized anxiety disorder, do not meet the threshold requirements for a TDIU as they are rated at 50% and 30%, respectively. The combined rating is 80%. However, he has been unable to secure or maintain substantially gainful employment due to his disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for right knee DJD was denied as there is no legal entitlement to such a date.

The Board denied service connection for a low back disorder and bilateral knee disorder, finding no medical evidence linking these conditions to service.,Both the Veteran's current low back and knee disorders were first diagnosed many years after his separation from service.

The Board has determined that the Veteran's current right knee disability is a direct result of injuries sustained during active duty, and thus service connection for residuals of a right knee injury, status-post TKR, is granted.

The Veteran's service-connected disabilities, including bilateral knee arthritis and right knee replacement, render him unable to secure or maintain substantially gainful employment. The Board has found the evidence in equipoise as to whether his service-connected conditions alone make him unemployable.

The Board found that the Veteran's right knee disability did not have onset in service and was not caused or aggravated by his active military service. The VA examiner concluded that the current right knee disability is less likely related to his service activities, including his service-connected left knee disability.

The Board has determined that the Veteran is not entitled to an increased rating, on an extraschedular basis, for his service-connected right knee muscle injury.

The Veteran's right knee disability does not meet the criteria for a rating in excess of 10 percent, as it does not result in limitation of motion to 45 degrees or less in flexion or 10 degrees or less in extension.