Knee decisions — 2011

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a right knee disability, claimed as secondary to his service-connected left knee disability. As such, the claim remains denied.

The Board denied the Veteran's claims for increased ratings for his right knee disability, cervical myofascial pain syndrome with tension headaches, and left ear hearing loss.

The Veteran's service-connected disabilities, including diabetes mellitus and arthritis of both knees, were rated at 100% disabling prior to his death in March 1998. The Board found clear and unmistakable error in the January 1986 decision that denied a total disability rating based on individual unemployability due to service-connected disabilities, as it did not consider the Veteran's combined disability rating at the time of his claim in 1985.

The Board has granted service connection for residuals of a left total knee replacement and found that hypertension does not warrant an increased rating. The Veteran's claim for cerebrovascular accident residuals was denied as there are no ascertainable residuals.

The Veteran's right knee disability is not manifested by either flexion limited to 30 degrees or extension limited to 15 degrees, and therefore does not meet the criteria for a higher rating.

The Board has denied the Veteran's claims for higher ratings for his right knee disability. The criteria for a rating higher than 10 percent have not been met for any period considered in this decision.

The Veteran's right knee disability is rated at 20 percent, and his left ankle sprain with post-traumatic degenerative changes is rated as 20 percent effective June 23, 2009.

The Board has granted service connection for a bilateral shoulder condition, tinnitus, low back disability, and bilateral knee disability. The conditions are related to in-service noise exposure and injuries.

The Board found no new and material evidence to reopen the claim for service connection, but denied it on the merits. The Veteran's bilateral knee disability is not attributable to his military service.

The Board denied a rating in excess of 10 percent for the Veteran's right knee disability, finding that there was no evidence of ankylosis, recurrent subluxation or lateral instability, dislocated semilunar cartilage, or impairment of the tibia and fibula. The current range of motion did not meet the criteria for a higher rating.

The Veteran's service-connected right knee disabilities were rated at the lowest possible levels for the appeal period, with no evidence of more severe disability warranting higher ratings.

The Veteran's initial rating for left knee arthritis remains at 10 percent, and his request for an earlier effective date for the left knee instability claim is denied.

The Board found that the Veteran's current right knee and prostate disabilities are not related to his military service, including exposure to herbicides. The preponderance of evidence indicates these conditions did not manifest during or as a result of his active duty.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or specially adapted housing benefits due to his inability to walk without significant assistance.

The Veteran's left knee injury is currently rated at 20 percent, effective August 31, 2009. The claim for service connection of a low back disability was denied as final. Service connection for right knee and right ankle disabilities were also denied as final.

The Board found that the Veteran's left knee disorder did not have onset during service, arthritis of his left knee did not manifest within one year of separation from active service, and his left knee disorder is not etiologically related to his active service. Therefore, the claim for service connection for a left knee disability was denied.

The Board found no evidence of a chronic right knee or low back disability in service and denied service connection for these conditions.

The Board has denied all claims for initial compensable evaluations, finding no indication of ongoing or new symptoms that would warrant a higher evaluation.

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is not entitled to a TDIU.