Knee decisions — 2012

The Board has determined that additional development is needed to fully and correctly adjudicate the Veteran's claims, including obtaining medical records and conducting examinations.

The Veteran's appeals for service connection for brain aneurism and bilateral knee condition, as well as his request for a higher rating for GERD, are being remanded due to the need for a hearing.

The Board found that the Veteran's current right knee disability is congenital in origin and not related to active service.

The Board found that the Veteran's current bilateral knee disorders are not related to his military service and denied his claim for service connection.

The Veteran's service-connected disabilities, including his left knee replacement and ankylosis of the left ankle, have been found to meet the criteria for financial assistance in purchasing a vehicle or adaptive equipment.

The Board has denied the Veteran's claims for service connection for various conditions, including hypoglycemia, hypertension, cataracts, gallbladder removal, pes planus, left elbow and knee disabilities, left ankle and thigh disabilities, right knee and hip disabilities, lumbar spine and cervical spine disabilities, abnormal blood count, elevated cholesterol/triglycerides, ear pain, and rash on the back. The Board found that these conditions were not incurred or aggravated by service or due to a service-connected disability.

The Board has remanded the case due to ambiguities in the VA examination, missing military records, and the fact that the examiner did not seem to consider or reference actual injuries documented in the Veteran's military records. A new VA examination is indicated.

The Veteran's claims for service connection for diabetes mellitus, and increased ratings for his right and left knee disabilities have all been denied. The TDIU claim has also been raised.

The Board has remanded the case for further development, including obtaining a VA examination and opinions regarding the Veteran's right knee disability and left knee disability. The issues on appeal are service connection for the right knee disability as secondary to the left knee disability and increased rating for the left knee disability.

The Board has determined that the Veteran is entitled to a 20 percent rating for residuals of a right ankle fracture with osteoarthritis beginning on April 23, 2009. The Veteran's claim for service connection for sinusitis has been granted and an initial noncompensable rating was assigned.

The Board has denied the Veteran's claims for reopening his service connection claims for left knee and right wrist disorders, as well as his claim for an increased rating for low back strain. The evidence did not present new and material information to reopen any of these claims.

The Veteran's lumbosacral spine disability is rated at 60 percent, but the claim for a higher rating remains denied.,The Veteran's cervical spine disability is rated at 20 percent, and the claim for a higher rating remains denied.,The Veteran's left knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's right knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's partial avulsion of right biceps muscle is not compensable, as it approximates slight limitation of function of Muscle Group V.,The Veteran's fungal infection of the bilateral feet is rated at 10 percent, but no more. The scars are painful on examination.,The Veteran's GERD is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's migraine headaches are rated at 30 percent, and the claim for a higher rating remains denied.

The Veteran seeks service connection for a bilateral knee disability. The Board has determined that additional development is necessary, including obtaining her complete service personnel records and Reserve duty medical records, as well as scheduling the Veteran for an orthopedic examination to determine the nature and etiology of any currently present bilateral knee disability.

The Board has determined that the Veteran does not have a left knee disorder that began in service or is causally related to his military service. Therefore, the claim for service connection for residuals of a left knee disability is denied.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a right knee disorder. The evidence submitted does not establish a link between the current right knee condition and either his service-connected left knee disability or his military service.

The Veteran's right knee arthralgia is currently rated at 10 percent, and the evidence does not support a higher rating.

The Board found that the Veteran's disorders of the knees, legs, and hips are not secondary to his service-connected lumbosacral strain.

The Board has determined that the Veteran's cervical spine, lumbar spine, left knee, and right knee disabilities are service-connected.

The Veteran's appeal for increased ratings and TDIU was dismissed as he withdrew his appeal seeking an initial rating in excess of 10 percent for mechanical low back syndrome with degenerative changes of the lumbosacral spine prior to June 27, 2011 and a rating greater than 40 percent from June 27, 2011.

The Veteran's low back disability is rated at 40 percent effective September 22, 2011. The right knee instability and degenerative joint disease are both rated appropriately.