Knee decisions — 2012

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to address the Veteran's bilateral knee disabilities and his service-connected low back disability.

The Veteran's bilateral ankle arthritis and patellofemoral syndrome of the right knee were granted service connection, with initial ratings of 10 percent each. The low back disorder was also granted service connection but with a different rating.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for osteochondritis dessicans, right knee prior to September 24, 2002 or a rating in excess of 10 percent for degenerative joint disease of the right knee prior to September 24, 2002. The residuals of total knee replacement were rated at 60 percent effective from November 1, 2003. For the period beginning on November 1, 2003, the Veteran was found not entitled to a TDIU based on service-connected disability.

The Veteran's claim for service connection for bilateral knee osteoarthritis, patellar tendonitis, and meniscus tears is being remanded due to the need for additional development including obtaining medical records and scheduling a new VA examination.

The Veteran is granted an initial evaluation of 20 percent for degenerative disc disease of the cervical spine with history of left trapezius strain, effective from December 20, 2004.,A separate 10 percent rating is granted for radiculopathy of the left upper extremity, effective from February 8, 2010. A separate 10 percent rating is also granted for radiculopathy of the right lower extremity and left lower extremity, both effective from November 2, 2008.

The Board has reopened the Veteran's claims for service connection for right and left knee disorders, but denied them on their merits.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance of another person, warranting special monthly compensation based on the need for the regular aid and attendance of another person.

The Board found that the Veteran's current bilateral knee disabilities did not begin during or as a result of his military service and denied his claim for service connection.

The Veteran's tinnitus is service-connected as it can be linked to his in-service noise exposure. The Board has found that the Veteran has current joint pain of the legs, knees, arms, and hands which had its onset during service.

The Board has determined that the evidence received since the January 2001 and October 2002 rating decisions does not raise a reasonable possibility of substantiating any of the service connection claims.,As such, all new and material evidence claims have been denied.

The Board denied the reopening of claims for service connection for nose disorder, psychiatric disability, right knee disability, and sinusitis. The Veteran's hearing loss claim is being remanded.

The Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities, and the Board finds that he meets the criteria for a TDIU.

The Veteran's thoracolumbar spine disability is rated at 40 percent, the highest available rating under VA guidelines. The left and right ankle disabilities are each rated at 10 percent, reflecting their respective conditions. The left knee disability is rated at 20 percent for loss of motion with a separate 20 percent rating for instability. The right knee disability is also rated at 20 percent for loss of motion.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO. The claims will be further developed and considered.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claim is being remanded for additional development, including assigning a 100 percent rating based on total knee replacement and obtaining VA examination to determine the nature and extent of any residuals.

The Board has decided to remand the Veteran's claim for further development due to incomplete medical records and need for a VA examination.

The Board found that the Veteran's right knee disability was not incurred or aggravated by service and is not related to a service-connected condition. The claim for service connection was denied.

The Veteran's appeal is being remanded for further development, including a VA examination to assess his employability due to service-connected disabilities. The issues of increased ratings and TDIU will be held in abeyance pending the outcome of this development.

The Board found that the Veteran's right knee condition was aggravated during service and granted service connection for this condition.