Knee decisions — 2012

The Board has determined that new and material evidence has not been submitted to reopen the previously denied claim of service connection for bilateral shoulder arthritis. The Veteran's claims for service connection for degenerative changes in various joints have also been denied.

The Board found that the Veteran's right knee laxity and chondrocalcinosis did not warrant a rating higher than 10 percent throughout the appeal period.

The Veteran's right total knee replacement disability is rated at 60 percent, the maximum schedular rating available under Diagnostic Code 5055.

The Board has remanded the case for further development and consideration of a claim for total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's right knee disability is manifested by recurrent patellar dislocation, the sensation of instability, and x-ray evidence of degenerative changes with painful but not compensable limitation of motion. The Board finds that an increased staged rating to 20 percent (based on a combination of a 10 percent rating for recurrent subluxation and a 10 percent rating for arthritis with limitation of motion) is warranted.

The Board found that the Veteran's current right knee disorder is not related to his service or a service-connected disability, and thus denied his claim for service connection.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a VA examination to assess the impact of the Veteran's service-connected disabilities on his employability. The claim will be readjudicated based on the new evidence.

The Board found that the Veteran's cause of death (hypoxia, cardiopulmonary arrest, atherosclerotic cardiovascular disease, and end stage Alzheimer's disease) were not causally or etiologically related to any service-connected condition. The Board also determined that none of the Veteran's service-connected conditions contributed substantially or materially to his death.

The Board finds that the Veteran's right knee disability is not attributable to his period of active service and therefore denied his claim for service connection.

The Veteran's initial evaluations for patellofemoral syndrome of the right and left knees remain at 10 percent, as determined by VA examinations in December 2010. The evidence does not support a higher evaluation.

The Board has determined that the Veteran's current left knee, right knee, and low back disabilities are related to his military service. As such, these claims for service connection have been granted.

The Veteran's claims for service connection for arthritis of the neck, left hip disability, and left knee disability were denied as there is no evidence of a current chronic condition during or within one year after service. The Veteran was diagnosed with degenerative joint disease/arthritic changes in his left knee in 1993.

The Board has denied the Veteran's claims for increased ratings for his left knee disabilities, finding that the evidence does not support a higher rating based on instability or limitation of motion.

The Board has ordered a new VA examination to assess the current severity of the Veteran's right and left knee disabilities due to worsening symptoms since his last examination in November 2010. The RO/AMC must also seek additional relevant records from VA treatment providers.

The Veteran's claims for increased ratings for his service-connected left knee instability and degenerative joint disease were denied by the Board. The evidence did not show that either condition warranted a rating in excess of 10 percent.

The Veteran's claim for increased ratings for multiple meniscectomies with laxity of the right knee and degenerative joint disease of the right knee was granted, but only to a 20 percent rating. The effective date is not specified.

The Board denied the Veteran's claims for service connection for residuals of malaria, bilateral knee disability, and soft tissue sarcoma as there was no competent evidence to support these conditions.

The Board has determined that the Veteran's right leg disability, including his right knee condition, and bilateral eye disability did not have onset during or as a result of active service. The VA examiners found no relationship between these conditions and service.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine and osteoarthritis of the left knee were caused or aggravated by his service-connected right ankle and foot strains. As a result, both claims for service connection are granted.

The Veteran's left knee disability was rated at 10 percent from August 15, 2005 to April 30, 2007 and has not met the criteria for a higher rating under Diagnostic Code 5257.,Since June 1, 2008, the Veteran's left knee disability rated at 30 percent does not meet the criteria for a higher rating based on instability or other residuals of his surgery.