Knee decisions — 2012

The Veteran does not have a left knee disability that is service-connected as it was not incurred or aggravated during his active duty.

The Veteran's chondromalacia of the left patella was rated at 30 percent from February 21, 2002 to October 30, 2005. The residuals of a left knee TKA were rated at 60 percent from December 1, 2006 to December 17, 2006.

The Board has remanded the case for additional development, including obtaining medical records and providing an additional medical opinion. The Veteran's claims of service connection for left and right knee disabilities are currently under review.

The Board found no evidence of aggravation during service and concluded that the Veteran's left knee disability was not aggravated by his period of active duty service. The claim is denied.

The Veteran's claims for higher initial ratings for bilateral plantar fasciitis and right knee disability were denied by the Board. The Veteran has a severe foot disability due to bilateral plantar fasciitis, which is characterized by significant pain during prolonged physical activity. For his right knee disability, he has slight recurrent subluxation or lateral instability but also osteoarthritis from March 10, 2010 onwards, resulting in a separate 10 percent rating for the osteoarthritis component.

The Veteran's left knee chondromalacia patella disability was not manifested by evidence of subluxation or lateral instability, flexion limited to 45 degrees or less, extension limited to 10 degrees, objective ankylosis, dislocated or removed semilunar cartilage, or impairment of the tibia and fibula. From September 23, 2010, the Veteran's left knee chondromalacia patella disability was manifested by evidence of left knee arthritis with noncompensable limitation of motion and painful motion.

The Veteran's initial compensable evaluation for left knee traumatic arthritis with limited extension prior to November 3, 2008 has been granted. On and after November 3, 2008, a rating of at least 10 percent is warranted.

The Veteran's left knee disability, characterized by pain and instability, has been rated at 30 percent since June 2003. The Board found that the evidence did not support a higher rating based on instability or subluxation but did find that there was sufficient limitation of motion to warrant a separate 10 percent evaluation for arthritic changes.

The Board has decided to remand the Veteran's claims for further development due to inadequate examinations and incomplete evidence.

The Veteran's appeal is being remanded for additional development of his service-connected disabilities and their impact on his employability. The case will be returned to the Board after this.

The Board has determined that the Veteran's right and left knee disabilities are related to his military service, warranting service connection.

The Board has determined that additional development is needed to obtain the Veteran's service records and medical treatment records, as well as to clarify his claims for prostate cancer. The appeal will be remanded for these purposes.

The Veteran's claim for additional compensation for a dependent student daughter was denied as he was not eligible for concurrent receipt of military retired pay and VA disability compensation until August 8, 2007. The benefits were withheld from March 1, 2007 through April 30, 2008 due to his concurrent receipt of military retired pay and VA compensation.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral knee and lower leg disorder or an acquired psychiatric disorder, specifically PTSD. The in-service complaints were found to be acute and transitory without any residual disability noted.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination to determine the nature and etiology of his claimed conditions and their relationship to service.

The case is being remanded for further examination and consideration of the Veteran's claims regarding his right foot, knee, and leg disorders. The examiner must determine if there are current disabilities related to service.

The Board found that the Veteran's current right ankle and left knee disabilities are not related to her service, including ADT in October 1988. The claims for service connection were denied.

The Board denied service connection for varicose veins and bilateral knee disorders, finding that the Veteran's conditions pre-existed his military service and did not chronically increase in severity during any period of active duty.

The Board denied the Veteran's claims for higher initial ratings for his service-connected right and left knee stress fractures, finding that the evidence did not show limitation of flexion or extension to a degree warranting a higher rating.,Additionally, the TDIU claim was remanded due to insufficient evidence regarding the impact of the Veteran's knee disabilities on his employment.

The Board has dismissed the appeal for service connection for MRSA due to lack of allegation of specific error. The Veteran's claims for right shoulder, right ankle, and lung disabilities are denied as there is no current diagnosis or symptoms.