Knee decisions — 2011

The Veteran's claim for earlier effective date for a separate evaluation of radiculopathy in the right lower extremity as secondary to lumbar spine disability is denied. The earliest medical evidence showing a diagnosis of radiculopathy was from March 2007, and an increase in disability associated with this condition prior to August 3, 2006 could not be factually ascertainable.

The Board has determined that a VA medical opinion is needed to determine if the Veteran's service-connected conditions contributed to his death from a motorcycle accident. The claim will be remanded for this purpose.

The Board has remanded the case to the RO for a Travel Board hearing at the Muskogee, Oklahoma RO due to the Veteran's request.

The Board has remanded the case due to the Veteran's inability to appear for a previously scheduled hearing and requests for rescheduling. The claims are now pending before the RO.

The Board has determined that the Veteran's right knee disability is aggravated by his service-connected left knee, left hip, and low back disabilities. As a result, the claim for service connection for this condition is granted.

The Board found no evidence of a left knee disability or psychiatric disability related to service. The Veteran's current conditions are not considered service-connected.

The Veteran's claim for a rating in excess of 20 percent for Osgood-Schlatter disease of the right tibia was granted, and he is now rated at 30 percent. A separate 10 percent rating was also granted for his right knee lateral instability and/or current subluxation.

The Board found that the preponderance of evidence is against a finding that a bilateral knee disability was incurred in or aggravated by active duty service, nor is it secondary to a service-connected disability.

The Board has remanded the case for additional development due to insufficient medical opinions regarding the Veteran's right knee disability and its relationship to service.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge, and further development may be required.

The Board denied the Veteran's claims for service connection for pes planus of the right foot, degenerative joint disease of the right knee, left chronic knee disability, and degenerative joint disease of the lumbosacral spine as secondary to his service-connected left foot disability.

The Veteran's claim for increased ratings for retropatellar pain syndrome of the right knee was denied. The evidence showed that prior to June 27, 2011, his symptoms included painful motion and after that date, he could stand for 50 minutes, walk for 20-30 minutes, and sit for an hour.

The Veteran's bilateral knee disabilities, including his right total knee arthroplasty from August 1, 2011, were granted increased ratings.

The Veteran's right knee disability, characterized by pain, stiffness, swelling, and limited motion with no lateral instability or subluxation, does not warrant a rating in excess of the currently assigned 20 percent for his service-connected residuals, status post torn medial meniscus and surgeries, right knee.

The Veteran's service-connected right and left knee strains have been rated as noncompensable since the date of service connection, April 26, 2006. Effective from April 2, 2010, a 10 percent rating has been assigned for each knee.

The Veteran's left knee disability was granted an increased rating to 20 percent, effective October 13, 2005. The right knee disability was denied any increase in rating.

The Board denied the Veteran's claims of service connection for hearing loss, tinnitus, and bilateral knee disability. The decision also addressed his claim for an evaluation in excess of 10 percent for bilateral glaucoma.

The Board has determined that additional development is needed to properly assess the Veteran's current orthopedic and neurological manifestations of his cervical spine, left knee, and right knee disabilities. The case is therefore REMANDED for further action.

The Board denied the Veteran's claims for service connection for right knee degenerative joint disease and left knee patellofemoral syndrome, finding no evidence of a chronic condition in service or within one year after separation from active duty. The VA examiner opined that any current knee disorders are less likely caused by flat feet or cold injury to the feet.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected right knee disabilities and for obtaining relevant medical records.