Knee decisions — 2012

The Board finds that the Veteran's current bilateral knee osteoarthritis may not be dissociated from complaints of right knee pain, and notation of early bilateral knee osteoarthritis in service. Therefore, service connection is granted for osteoarthritis of the right and left knees.

The Veteran's combined rating for service-connected disabilities was 70 percent from September 19, 2003 to July 24, 2007. The claimant contends that he should have received a higher combined rating prior to this date.,The Veteran is seeking an increased rating for his headaches and peripheral neuropathy of the right foot.

The Board has denied the Veteran's claims for higher initial ratings for his service-connected knee, cervical spine, and foot disabilities. The RO granted service connection for these conditions in April 2001 but did not assign any effective date as of that time.

From March 1, 2008, the Veteran's right knee disability is rated at 60% for total right knee replacement.,Prior to March 1, 2012, the Veteran's arthritis of the right knee was not present and thus no rating was assigned.

The Veteran's right knee disability, characterized as osteoarthritis status post multiple surgeries and instability, was not manifested by flexion limited to 30 degrees or extension limited to 15 degrees during the period from January 24, 2005 to January 24, 2008. The Veteran's right knee disability was also not manifested by severe recurrent subluxation or lateral instability. Therefore, an evaluation greater than 10 percent for right knee osteoarthritis status post multiple surgeries based on limitation of motion and an evaluation greater than 20 percent for right knee osteoarthritis with instability based on instability were denied.

The Veteran's appeal has been dismissed due to his death.

The Veteran's service-connected right knee internal derangement with DJD and limitation of flexion are currently rated at 10 percent, effective February 1, 2009. The rating for limitation of extension remains noncompensable.

The Board finds that the Veteran has a right knee disability causally related to service, and grants his claim for service connection.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess her service-connected disabilities, including their impact on her employment.

The Veteran's claim for an increased evaluation for his right knee disability is denied as there is no evidence of limitation of extension or flexion that would warrant a higher rating.

The Board has determined that additional evidence is needed to adjudicate the Veteran's claims, including service treatment records and Social Security Administration (SSA) medical records. The Veteran will be provided an opportunity to submit this information.

The Board has restored the Veteran's right knee disability evaluation from 20% to 30%, effective October 30, 2009, finding that the reduction was not proper due to lack of improvement in the condition.

The Veteran's service-connected left knee conditions, including degenerative changes and instability following anterior cruciate ligament reconstruction, are rated at 10 percent each. The right knee condition is not addressed as it was not part of the appeal.

The Veteran's combined disability rating from his service-connected conditions is 60%, which does not meet the schedular criteria for TDIU. The Board found that his unemployability was due to non-service-connected disorders, including back, neck, hand, and depression disabilities.

The Veteran's left knee disability, manifested by arthritis with pain, limitation of flexion to 90 degrees with pain, clicking and tenderness, has been found not to warrant a rating in excess of the current 10 percent evaluation.

The Veteran's left knee disability, diagnosed as degenerative joint disease and chondromalacia, is related to service injuries sustained during boot camp and a truck accident. The Board finds that the Veteran's current left knee disability is related to his in-service injuries.

The Board has determined that further development is required before deciding the issue on appeal, as a VA medical opinion did not adequately address whether the Veteran's current left knee disorder is secondary to or aggravated by his service-connected right leg disabilities.

The Veteran's claims for increased ratings were granted, with the right knee and left knee chondromalacia of the patella receiving a 10% evaluation each prior to November 24, 2008. The right hip degenerative joint disease received a 10% evaluation since that date.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for higher ratings or service connection.

The Veteran's right eye disability is being remanded for further examination and opinion.,Service connection for bilateral heel spurs, bilateral knee disabilities, and bilateral hip disorders are being remanded as secondary to service-connected disabilities. The Veteran will be provided an opportunity for a VA examination to address these claims.,Service connection for bilateral knee disabilities and bilateral hip disorders is being remanded as secondary to service-connected disabilities. The Veteran will be provided an opportunity for a VA examination to address these claims.,Service connection for bilateral hip disorders, status post total hip replacements, and low back disorder are being remanded as secondary to service-connected disabilities. The Veteran will be provided an opportunity for a VA examination to address these claims.,The Veteran's low back disorder is being remanded for further examination and opinion.