Knee decisions — 2011

The Veteran's right knee conditions, including degenerative arthritis and a torn lateral meniscus, were rated based on their severity. The TKA was granted effective November 1, 2010.

The Board found that the Veteran's current bilateral knee, hip, and back disorders are not related to her service-connected left foot disability. The claims for service connection were denied.

The Board has ordered additional development to determine if the Veteran's service-connected conditions contributed to his death. The case will be returned for further review.

The Veteran's claim of entitlement to a total disability rating on the basis of individual unemployability due to service-connected disabilities has been remanded for additional development, including referral to the Director of Compensation and Pension Service for extraschedular consideration.

The Board has determined that the Veteran's current low back, neck, and knee disabilities are not causally related to service. The VA examiner found no evidence of a nexus between his current conditions and military service.

The Board found that there is no direct evidence linking the Veteran's current left knee condition to his military service. The Board also determined that the Veteran's left knee condition is not secondary to his service-connected right knee condition.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support an evaluation in excess of the current disability ratings under the applicable diagnostic codes.

The Board has determined that the Veteran's left medial epicondylitis and patellofemoral syndrome of the right knee are service-connected, with no specific rating assigned.

The Veteran's PTSD is found to be attributable to service, and the claim for service connection is granted. The right knee and low back disorders are also found to be related to service-connected left knee chondromalacia patella.

The Board found no current diagnosis of a right knee or bilateral wrist disability, thus denying service connection for these conditions.,However, the Veteran was granted service connection for his right ankle disability, which is linked to an injury sustained during basic training.

The Veteran's appeal is being remanded due to scheduling conflicts. The issues of service connection for various conditions remain pending.

The Veteran is in need of regular aid and attendance due to his service-connected conditions, including PTSD with dysthymic disorder, dumping syndrome, and other disabilities. The Board has granted special monthly compensation based on the need for aid and attendance.

The Board has granted the Veteran's claims to reopen his service connection applications for right hip disability, left hip disability, bilateral knee disability, residuals of cold injury (feet), and diabetes mellitus. The appeal is based on new evidence that raises a reasonable possibility of substantiating these claims.

The Board found that the current right knee disability was not incurred in or aggravated by service and is not proximately due to a service-connected disability.

The Board found no evidence of a current disability related to service, including herbicide exposure. The Veteran's prostate cancer and left knee disability were not shown to be incurred in or aggravated by active duty.

The Veteran's right knee disability, including instability and degenerative arthritis, warrants a rating of 20 percent under DC 5261 for limitation of flexion to 15 degrees. A separate 10 percent rating is granted for slight instability.

The Board found that the January 2003 and September 2003 RO adjudications denying service connection for a right knee disability as secondary to a service-connected left knee disability were not clearly and unmistakably erroneous, but granted the Veteran's claim of CUE in those decisions.

The Board found that the reduction of the disability evaluation for left knee degenerative arthritis from 20 percent to 10 percent, effective July 1, 2007, was proper based on clear and unmistakable error (CUE).

The Veteran's right knee arthritis, with associated meniscus tear and ACL injury, has not resulted in more than a 10 percent rating since the grant of service connection. The current 10 percent rating is maintained as there is no evidence of additional functional loss due to pain or instability.

The Board has determined that the Veteran's osteoarthropathy of the right and left knees does not present such an exceptional or unusual disability picture with related factors as marked interference with employment, frequent periods of hospitalization, or other factors as to render impractical the application of the regular schedular standards. Therefore, the criteria for referral for extraschedular evaluation have not been met.