Knee decisions — 2012

The Veteran's claim for an extraschedular evaluation for the period from January 12 to February 13, 2006 was denied as his disability picture did not warrant a higher rating based on limitation of motion or instability.,The Veteran's claim for an evaluation greater than 30 percent for postoperative residuals of a total left knee replacement since April 1, 2007 was also denied. The evidence showed no severe painful motion or weakness in the affected extremity.

The Veteran's claims for service connection for bilateral ankle disorder, degenerative arthritis of the right knee, an acquired psychiatric disorder (cyclothymic disorder), and a bilateral shoulder disorder are being remanded due to new evidence received since the last final decision. The claim for increased evaluation in excess of 10 percent for proximal tibial stress fractures of the left knee with osteoarthritis is dismissed.,The Veteran's service connection claims for bilateral ankle disorder, degenerative arthritis of the right knee, an acquired psychiatric disorder (cyclothymic disorder), and a bilateral shoulder disorder are being remanded. The claim for increased evaluation in excess of 10 percent for proximal tibial stress fractures of the left knee with osteoarthritis is dismissed.

The Veteran's service-connected right and left knee disabilities have been rated at 10 percent each, but the Board finds that neither condition warrants a higher rating based on current evidence of record.

The Board found that the Veteran's left knee disability was not incurred or aggravated by service and denied his claim.

The Board finds that the Veteran does not have a left knee disability that manifested during, or as a result of, active military service and it is not caused by or permanently aggravated by his service-connected right knee disability.

The Board has determined that the Veteran's current right leg, knee, hip, and back disabilities are not related to his service-connected residuals of a right ankle abrasion. The evidence does not support a finding that these conditions were incurred or aggravated during active duty.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's left knee disability is found to be secondary to his service-connected right knee osteoarthritis. The low back disability claim is denied as there is no current evidence of a low back condition.

The Board denied the Veteran's claims for service connection for low back disability and bilateral knee disability, as well as his requests for initial ratings for right and left foot pes planus and left foot plantar fibromatosis. The appeal regarding compensation under 38 U.S.C.A. § 1151 for post-operative right hand and ring finger Dupuytren's contracture residuals is remanded.

The Veteran's back disability is granted service connection as it was noted during service and he has reported continuity of symptoms since then. The left leg, right hip, and right knee disabilities are remanded for further examination to determine their etiology.

The Veteran's right knee disability, including arthritis and instability, is currently rated at 10 percent under the rating criteria for knee disabilities. The Board has determined that a higher rating is not warranted based on the current evidence.

The Veteran's left knee condition, including the removal of the lateral meniscus and associated symptoms like tenderness and crepitance, warrants a separate 10 percent disability rating effective from July 25, 2000.

The Board has remanded the case for additional development, including obtaining medical opinions and examinations to address the Veteran's claims of service connection for premature ejaculation (PE) disorder and right knee degenerative joint disease (DJD).

The Board has granted a combined 60 percent disability evaluation for flexion, extension, and lateral instability/subluxation of the left knee and right knee based on their respective limitations.

The Board found no evidence of a right knee disability in service or within one year post-service, and denied both the claim for service connection and SMC based on need for regular aid and attendance.

The Board has determined that the Veteran does not have a current diagnosis of bronchitis related to her service. The claims for increased ratings for left wrist degenerative joint disease, cubital syndrome of the left wrist, and gastritis and GERD with IBS are denied as there is no evidence of current disability or aggravation of pre-existing conditions.

The Board denied the appeal, finding that recoupment of the Veteran's severance pay was proper and therefore warranted.

The Board has determined that the Veteran did not have any service connection claims pending at the time of his death for glaucoma, foot pain/plantar fasciitis, Dupuytren's contractures, meningitis, right rotator cuff problems, a right knee condition, cirrhosis with encephalitis and hepatic encephalopathy, or hepatitis B. As such, these claims are denied as accrued benefits.

The Board found that the Veteran's left knee disability was not incurred in service and denied both his claim for service connection and his TDIU rating.

The Board has determined that the Veteran does not have a current bilateral knee disability or low back disability for which service connection can be granted. The claim of service connection for low back disability is remanded due to inadequate examination and new evidence received since the last VA examination.