Knee decisions — 2011

The Board found that the Veteran's left knee disability, diagnosed as degenerative joint disease, warranted a 10 percent evaluation based on limitation of motion. The claim for service connection for glaucoma and cataracts secondary to diabetes mellitus was not addressed due to it being outside the scope of the appeal.

The Veteran's service-connected thoracic spine, lumbar spine, and right knee disabilities are of such severity as to preclude him from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's service-connected right knee and ankle disabilities do not warrant increased ratings prior to September 10, 2010. Effective from September 10, 2010, the Veteran's right knee disability is rated at 60 percent, while his right ankle disability remains at 20 percent.

The Veteran's left knee arthritis, previously characterized as a left leg condition due to shrapnel injury, was granted service connection.,The issue of entitlement to service connection for hypertension remains pending and will be remanded.

The Veteran's paraesophageal and hiatal hernia with GERD was not incurred in or aggravated by service.,There is no competent evidence linking the Veteran's current left knee condition to his active military service, nor did it manifest within one year after discharge. The low back condition also does not have a direct link to his service-connected right ankle fracture. The cervical spine disorder is not related to his jaw surgery.

The Veteran's right knee disability, including internal derangement and meniscal tear, is currently rated at 20% under the General Rating Formula for Diseases and Injuries of the Knee. The Board finds that a higher rating is not warranted as there is no evidence of recurrent subluxation or lateral instability, nor does the Veteran have limitation of extension to less than 10 degrees or limitation of flexion to less than 90 degrees.

The Board finds that the Veteran's service-connected residuals of a back injury is supported by medical evidence and his statements. For his osteochondritis dessicans of the left knee, the Board grants an initial rating of 10 percent as there is some limitation of motion but no compensable x-ray findings.

The Veteran's current bilateral knee disability is not service-connected as there is no evidence of a disease or injury in service, and the preponderance of the evidence does not show a link between his current condition and military service.

The Board found no evidence of a right knee disability in service and denied the claim for service connection.

The Veteran's service-connected disabilities, including PTSD and a right knee disability, render him unable to secure or follow substantially gainful employment. The Board finds that he meets the criteria for a TDIU.

The Veteran's service-connected conditions do not render him unemployable due to his ability to perform substantially gainful employment despite the combined rating of 40 percent.

The Veteran's right knee disability is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,For her left knee prior to February 2009, the evidence does not support a higher than 10 percent rating.

The Veteran's unauthorized medical expenses incurred at a private facility were reimbursed due to the nature of his service-connected disabilities and the emergency situation.

The Veteran's claim for an increased evaluation in excess of 30 percent for right knee degenerative joint disease, status post right knee replacement was denied. The issue of entitlement to a TDIU rating based on the service-connected right knee disability is also denied.

The Board has determined that the Veteran does not have any of the claimed conditions due to service, and therefore denied all claims for service connection.

The Board has denied the Veteran's claims for service connection for residuals of a left fifth toe fracture, degenerative joint disease of the right knee, and left ankle strain as secondary to her service-connected right ankle disability. The evidence did not show that these conditions were incurred in or aggravated by active service.

The Veteran's appeal for increased ratings for his lumbar spine and left knee disabilities was denied. The Board found that the evidence did not support a rating in excess of 20 percent for the lumbar spine disability or a rating in excess of 10 percent for the left knee disability.

The Veteran's appeal is remanded due to the need for additional medical examination and consideration of new evidence. The issue remains about entitlement to an initial disability rating in excess of 10 percent for his service-connected degenerative joint disease of the right knee.

The Board denied service connection for the cause of the Veteran's death, finding that none of his service-connected conditions caused or contributed substantially or materially to causing his death.

The Veteran's right knee patellofemoral syndrome was rated at 0 percent prior to December 29, 2010 and at 10 percent from that date. The claim for higher ratings is denied.