Knee decisions — 2011

The Board has determined that the Veteran's bilateral foot, ankle, knee, and low back disorders are not related to his military service. The evidence does not show a connection between these conditions and his active duty.

The Veteran's left knee disability, bilateral pes planus, and tinnitus are all found to be service-connected. The Veteran's gastritis is also found to be service-connected. However, the Veteran's bump on the inside of the rectum and lump on the testicles do not meet the criteria for service connection.

The Veteran's claims for increased evaluations and individual unemployability are being remanded due to the need for additional examinations and development of his medical records.

The Board has granted service connection for the Veteran's right and left knee disabilities, as well as residuals of a burn injury to his right hand. The evidence supports that these conditions are related to injuries sustained during periods of Active Duty for Training (ACDUTRA).

The Veteran's left knee degenerative joint disease is currently rated at 20 percent, which represents the maximum schedular rating available under Diagnostic Codes 5260 and 5261. The evidence does not support a higher evaluation.

The Veteran's PTSD is rated at the highest possible level of disability, with a rating of 70 percent. The left knee ACL tear and menisci tears are each rated at their maximum levels (20% for ACL tear and 10% for menisci tears). CFS is also rated at its maximum level (40%).

The Board finds that the Veteran's currently diagnosed left and right knee disabilities are related to his service-connected left ankle disability, as they have been aggravated by it. The evidence supports this conclusion.

The Board has granted service connection for arthritis of the hands, feet, legs (knees), shoulders, ankles, and cervical and lumbar spine segments.

The Veteran's right knee disability is currently rated at 20 percent for the period from June 8, 2009 to April 4, 2011. The rating was increased based on limitation of flexion and extension.

The Board has determined that the Veteran's service-connected bilateral knee disabilities do not warrant a higher rating as her range of motion is within normal limits and there are no additional limitations due to pain, weakness, or instability.

The appellant requested the withdrawal of his appeal regarding the issues of entitlement to service connection for left knee strain and left foot strain, which has been granted.

The Board has remanded the case for additional development due to a lack of VA examination report, and the Veteran should be scheduled for another VA orthopedic examination.

The Veteran's right knee disability is manifested by x-ray findings of arthritis with some limitation of motion, pain and complaints of stiffness, swelling, and tenderness. The Board finds that the criteria for entitlement to an evaluation in excess of 10 percent have not been met.

The Board denied the Veteran's claims of entitlement to a higher rating for his right knee arthritis prior to March 19, 2011, but granted a separate 10% evaluation for symptomatic removal of semilunar cartilage from April 4, 2006. The claim was also denied for an increased rating for the arthritis after March 19, 2011.

The Veteran's claims for service connection are being remanded due to the need to determine whether his National Guard service was federal or state in nature. The hearing loss disability claim is also being remanded as a new opinion is required from a VA audiologist.

The Veteran's claims for increased ratings of her knee disabilities and reopening of service connection claims have been adjudicated. The right knee scar is rated as non-compensable prior to December 30, 2008, but the Veteran has not appealed this decision. Other claims are pending.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current right thigh disability, and the right knee arthritis was determined to be secondary to his prior injury and surgery. The Veteran's PB was not shown to cover 20% or more of exposed areas or of the entire body.

The Board found that the Veteran's right below the knee amputation was not caused by VA carelessness, negligence, or lack of proper skill and thus denied compensation under 38 U.S.C.A. § 1151.

The Veteran's claims for service connection have been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a bilateral knee disability has been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a left hip disability and GERD has been granted with an initial rating of 10 percent.,The Veteran's claims for service connection have been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a skin disability has been denied.,The Veteran's claim for service connection has been denied.,The Veteran's claim for an initial rating in excess of 10 percent for a left ankle disability has been denied.,The Veteran's claim for service connection has been granted with an initial rating of 40 percent.

The Board has dismissed the appeal as the appellant withdrew his appeal through his authorized representative.