Knee decisions — 2011

The VA determined that the Veteran's left knee arthritis does not warrant a rating in excess of 10 percent, as it does not meet the criteria for more severe disability ratings based on limitation of motion or instability.

The Veteran's tinnitus and left ear hearing loss are granted service connection. The right ankle disability, Haglund's deformity of the left foot, and bilateral knee disabilities are not found to be related to service.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current evidence of a bilateral ankle disability, and the Veteran did not have any other disabilities related to his period of active duty.

The Board found that the appellant's current left knee and left hip disabilities were not related to his service, specifically the May 1983 INACTDUTRA injury. As a result, the claims for service connection were denied.

The Veteran's residuals of bilateral total knee replacements, including a right knee fusion and left above-knee amputation, were caused by an unforeseeable event resulting from VA surgical treatment. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The Veteran's appeal is being remanded due to a request for a hearing before the Board of Veterans' Appeals. The case will be returned to the RO for scheduling a video conference hearing.

The Board has determined that new evidence supports reopening the claims for service connection for left shoulder disability and osteoarthritis involving spine, knees, and hips. The Veteran's current conditions are presumed to be related to his military service.

The Veteran's claims for increased ratings and service connection have been denied. The Board finds that the preponderance of the evidence is against the Veteran's claims.,Specifically, the Veteran has not provided credible testimony regarding his claimed disabilities.

The Veteran's right knee disorder was incurred during his service, but the character of his discharge for that period is dishonorable and therefore constitutes a bar to VA compensation benefits.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's claim for a higher rating and earlier effective date for his service-connected right knee disability was denied. The Board found that the evidence did not support an earlier effective date, but also noted that additional development was needed to address whether the Veteran is unemployable due to his disabilities.

The Board finds that the Veteran's left knee osteophyte and left sciatica are directly related to his August 2, 2005 fall in the VA emergency room. The appeal is granted.

The Veteran's service-connected disabilities do not render him unemployable as he can perform sedentary employment.

The Board has remanded the claims for additional development due to the need to address the credibility of the Veteran's lay statements regarding chronic and continuous symptoms following service.

The Veteran's service-connected chondromalacia of the left knee was rated at 10 percent prior to November 8, 2004. From January 1, 2005, he is entitled to a separate rating of 40 percent for limitation of extension of the left leg.

The Veteran's knees were rated at 10% prior to total knee replacements, and the Board found that instability warranted a separate 10% rating for each knee. The non-instability based ratings have not been met.

The Veteran's internal derangement of the left knee is manifested by complaints including pain, grinding, locking, instability, and some swelling. However, objective testing has revealed a stable knee.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA orthopedic examination to assess the extent of his right knee disability.

The Veteran's left knee disorder is currently rated at 10 percent for degenerative joint disease, with a separate 10 percent rating for slight lateral instability. The Veteran's left forearm disorders are each rated at 10 percent.

The VA determined that there is no evidence linking the Veteran's right knee disorder to his service or a service-connected disability, and thus denied the claim for secondary service connection.