Knee decisions — 2011

The Veteran's right knee disorder, characterized by laxity and degenerative joint disease, is currently rated at 20 percent under DC 5258. The Board finds that the current rating adequately reflects his symptoms.

The Board found that the Veteran's right knee disorder is proximately due to or aggravated by his service-connected left knee disability, and granted service connection for this condition.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The claims of reopening service connection and increasing the rating for right shoulder disability will be addressed after the hearing.

The Veteran withdrew his appeal for the issues of entitlement to service connection for bilateral hearing loss and entitlement to increased ratings for gastroesophageal reflux disease (GERD), right Achilles tendonitis with tarsal tunnel release, left Achilles tendonitis with residuals and tarsal tunnel release, and bipolar disorder.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for left knee disorder and left hip disorder secondary to his service-connected left ankle disability.

The Veteran's right knee disability, rated at 20 percent prior to February 25, 1999 and 30 percent from that date, has been considered under the applicable schedular criteria. The evidence does not show an exceptional or unusual disability picture that renders impractical the application of the regular rating schedule.

The Board found that the Veteran's current bilateral knee problems are not causally related to service injury and denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining Reserve service records and a VA medical opinion. The Veteran's claims of entitlement to service connection for right knee and left knee disorders are pending.

The Board has granted the Veteran's claim for a total evaluation based upon individual unemployability due to service-connected disability (TDIU).

The Veteran's appeal is remanded due to the need for additional development, including obtaining a VA examination and addressing the DeLuca factors. The case will be readjudicated after these actions.

The Veteran's claims for increased ratings for residuals of a right foot fracture and service connection for left and right knee and ankle conditions were denied. The Board found that the current rating for residuals, right foot fracture is not warranted as there was no evidence of moderate disability.

The Veteran's claims for service connection for low back, right knee, and left hip disabilities are being remanded due to the need for additional development including obtaining medical records and addressing the issues of direct service connection as well as secondary service connection.

The Veteran's evaluations for degenerative changes, left knee and residuals, left knee injury have been restored to their previous levels.

The Board denied service connection for a heart disorder, osteoarthritis of the shoulders, elbows, wrists and knees, and cervical spine disability. The Veteran did not have any evidence of these conditions in service or within one year after discharge.

The Board found that the Veteran's current bilateral knee disorders, including advanced or severe degenerative arthritis of the left knee and a right total knee replacement, were not incurred in service. The VA examiner opined that these conditions are not related to his period of active duty.

The Veteran's claims for hypertension, left knee disability, and PTSD were denied. The Board found no evidence of service connection for these conditions.

The Veteran withdrew his appeals regarding the compensable evaluation for the service-connected left hand injury, Barrett's disease, sleep apnea, bilateral knee disorder, and bilateral ankle disorder. He also withdrew his petitions to reopen the claims of service connection for a low back disorder and a left eye disorder (astigmatism).

The Board finds that the Veteran's right knee disability, manifested by postoperative residuals of cartilage damage, is likely due to an injury sustained during his period of inactive duty for training in March 1998.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his right knee disability and issuance of a Statement of the Case on the left knee issue.