Knee decisions — 2012

The Veteran is seeking service connection for bilateral knee and right shoulder disabilities, which she contends began in service. The case has been remanded due to inadequate medical opinions regarding the etiology of her claimed conditions.

The Board denied the Veteran's claims for service connection for a left knee disorder and sleep apnea, as well as his increased ratings for CAD and diabetes. The decision also noted that VA treatment records from May 2010 to August 2010 were not obtained due to the Veteran's private hospitalization.

The Board has determined that new and material evidence has not been received to reopen the previously denied claim of service connection for a left knee disability.

The Board denied the Veteran's claims for service connection for a right knee disorder and cervical spine disorder, finding that there was no evidence of in-service injury or disease resulting in current disabilities.

The Veteran's service-connected orthopedic disabilities of the right foot, lumbar spine, and right knee affect a single body system (orthopedics) and combine to a 60 percent rating. The weight of the competent and probative evidence indicates that the Veteran as likely as not is prevented from obtaining and retaining substantially gainful employment due to his service-connected disabilities.

The Board has determined that higher ratings for the Veteran's service-connected disabilities are not warranted as a matter of law due to the application of the 'amputation rule.' The claims must be denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the etiology of his right knee and leg condition, as well as supplemental opinions regarding his hearing loss and tinnitus.

The Board has determined that the Veteran's left knee and right shoulder conditions are not related to his active service, and thus denied his claims for service connection. The TDIU claim is also denied.

The Board has determined that the Veteran's left knee disorder is not service connected as secondary to his right knee and low back disabilities. The initial rating for the Veteran's right knee disability remains at 10 percent.

The Veteran's claim of entitlement to automobile and adaptive equipment or for adaptive equipment only was denied as his service-connected disabilities do not meet the criteria for such eligibility.

The Board found no evidence of a low back injury or disease in service, and did not experience chronic symptoms during service. The Veteran's current low back disorder is not presumed to have been incurred due to military service.

The Board has remanded the case for a Travel Board hearing due to the Veteran's request, and will consider all issues related to service connection and increased ratings.

The Veteran's bradycardia has been rated based on the workload of 13 METs prior to May 6, 2009 and 8 METs from that date. The right knee condition is currently rated as 10 percent disabling before May 2011 and 40 percent thereafter.,The Veteran's chondromalacia patellofemoral pain syndrome (right knee) has been rated at 10 percent since the initial rating decision in March 2002. The lumbosacral strain with degenerative joint disease is currently rated as 10 percent before May 2011 and 40 percent thereafter.,The Veteran's hypertension was previously managed with medication, and diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more. The hiatal hernia with esophageal reflux is currently rated as 10 percent before May 2011 and 30 percent thereafter.,The Veteran's anal fissure has not been shown to be present, thus no rating can be assigned for this condition.,New evidence submitted includes medical records that suggest the headaches may have a neurological cause rather than being secondary to gastroenteritis. The left knee disability is related to service due to its onset during active duty.,The Veteran's sleep apnea and depression or other psychiatric disorder are both considered secondary to hypertension and pain from service-connected disabilities.

The Veteran's claim for an increased rating for his left knee instability was denied, and the service connection claim for a psychiatric disorder was also denied.

The Veteran's left knee disability, including arthritis and chondromalacia, was evaluated by the Board but a higher rating could not be granted due to lack of evidence showing more than slight instability or limitation of motion.

The Board found that the Veteran's left knee disability is not related to his service, and thus denied service connection for it. The increased rating claim for bilateral pes planus was also denied.

The Veteran's right below the knee amputation and fracture right femur residuals are rated at 60 percent, reflecting a condition not improvable by prosthesis controlled by natural knee action. The rating for the fracture is unchanged.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing VCAA notice specific to his claims.

The Veteran's appeal involves his bilateral knee disabilities, including those following total knee replacements. The issues are related to the severity of these conditions and their impact on his ability to work. However, due to insufficient detail in the examination report, the case is being remanded for further clarification.

The Veteran's claims for higher ratings for his knee disorders were granted, with the left knee receiving a 10% rating from August 10, 2006 to April 6, 2008 and June 1, 2008 onwards. The right knee received a 10% rating from August 10, 2006 to December 12, 2010 and a separate 10% rating for instability starting from December 13, 2010.