Knee decisions — 2012

The Veteran's post-operative residuals of torn meniscus with instability in the right knee are rated at 30 percent, his traumatic arthritis is rated at 10 percent, and his tender surgical scar is rated at 20 percent effective from February 22, 2011.

The Board found that the reductions from 20% to 10% for lumbar strain with degenerative changes and cervical strain with degenerative changes were proper, but not warranted for left tennis elbow or right knee patellofemoral syndrome.

The Veteran's appeal is remanded due to the need for a new VA examination of her right knee disability, as it has been more than five years since her last examination and she has alleged worsening symptoms.

The Board found that the Veteran's timely notice of disagreement was not received by either the RO or the Board within the statutory period, but granted equitable tolling and accepted his December 2008 VA Form 9 as a valid appeal. The claims for service connection were decided on their merits.

The Board has determined that additional development is necessary to properly adjudicate the claim for a total disability evaluation based on individual unemployability due to service-connected disabilities. This includes obtaining updated VA and private medical records, scheduling a VA social and industrial survey, and scheduling a VA orthopedic examination.

The Board is remanding the case to obtain additional service personnel records and treatment records, conduct a VA examination, and review the claims file for compliance with the remand directives.

The Veteran's claims for increased evaluations were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 10 percent for chondromalacia of the right knee prior to December 1, 2009 or beginning December 1, 2009. The claim for a compensable evaluation for intrapatellar branch numbness was also denied. The reduction from 30 to 20 percent for postoperative residuals of patellar tendon, chondromalacia of the left knee was found to be proper.

The Veteran's appeal for increased ratings and service connection was denied. The Board found no basis for a compensable rating for bilateral hearing loss, but the issue of entitlement to an initial disability rating in excess of 10 percent for degenerative joint disease of the right knee is remanded due to incomplete development. Service connection for type II diabetes mellitus remains pending.

The Veteran's claims for increased ratings have been denied. The skin disability was not shown to cover more than 20% of the body or affect more than 20% of exposed areas, and treatment consisted of topical ointments prior to December 5, 2006. From December 5, 2006 through September 29, 2010, the Veteran's skin disability was assigned a maximum rating authorized under Diagnostic Code 7806. Since September 30, 2010, the Veteran's skin disability has been assigned an 80% rating, the maximum rating authorized under Diagnostic Code 7800.,The Veteran's right thumb disability was not shown to have a gap of more than one to two inches between the thumb pad and fingers prior to May 14, 2003. Since May 14, 2003, the Veteran's right thumb disability has been manifested by pain but no other objective evidence of functional impairment.

The Veteran's claims for service connection for chronic orthopedic disabilities of the left ankle, knees, hips, hands, elbows, and shoulders have been denied as there is no evidence showing these conditions were incurred during active military service or within one year post-service.

The Board finds that the Veteran's current residuals of a cold injury, including frostbite and pain in feet, knees, and legs, are related to his period of active duty service. The Veteran also has bilateral hearing loss that is likely incurred during active military service.

The Veteran's right knee disability, initially rated at 10 percent prior to March 14, 2007 and then increased to 20 percent effective from that date, is currently rated as 20 percent disabling.

The Board has determined that a VA examination is needed to determine if the Veteran's lumbar spine disability, including degenerative disc disease, is caused or aggravated by his service-connected right knee chondromalacia patella. The case is being remanded for this purpose.

The Board has granted the Veteran's claims for service connection for PTSD, tinnitus, and bilateral hearing loss. The right knee disability claim is pending in the REMAND portion of this decision.

The Board has remanded the case for additional development due to missing records and incomplete examination.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to assess the severity of his knee disabilities. The claim for individual unemployability will also be adjudicated.

The Veteran's claims for higher ratings for migraine headaches, left knee injury, bilateral plantar fasciitis, right ankle disability, left elbow disability, and right elbow disability were denied. The RO increased the rating for migraine headaches to 30 percent in September 2011.

The Veteran's left knee disability, rated as 10 percent disabling under Diagnostic Code 5257 for status post tear of the medial meniscus, has been granted an increased rating to 10 percent. The issue of entitlement to a TDIU rating remains denied.

The Veteran's knee disabilities, including subluxation and instability of the left and right knees, as well as meniscal tears, are currently rated at 10 percent each. The appeal is granted.

The Veteran's claims for higher initial ratings and service connection were denied. The Board found no evidence of right knee flexion limited to 15 degrees or less, extension beyond 3 degrees, subluxation, or lateral instability. Peripheral neuropathy was found to be mild incomplete paralysis of the sciatic nerve. There is no evidence of ischemic heart disease, chronic heart disability (excluding hypertension), peripheral neuropathy of bilateral upper extremities, rash on face and scalp, GERD, erectile dysfunction, renal insufficiency, sinus disability, or TDIU.