Knee decisions — 2012

The Veteran's appeal for service connection for high cholesterol and right elbow disability was denied. The Veteran's claim for increased rating of his right medial epicondylitis was also denied.

The Board finds that the preponderance of the evidence is against the Veteran's claims for service connection for left and right knee disabilities, and therefore denies both claims.

The Veteran's claims for service connection for gastrointestinal, lower back, left knee, and right knee disorders have been granted.

The Board has reopened the claims for service connection for an acquired psychiatric disorder, left ear hearing loss, and bilateral knee disorder. The Veteran's claim of service connection for PTSD is based on a fear of hostile military or terrorist activity.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the earliest opportunity. The case will be returned to the Board after this action.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current status of his service-connected disabilities and consideration of whether separate ratings are warranted.

The Veteran's left knee DJD status post arthroscopy is currently rated at 20 percent disabling, and the Board finds that this rating adequately reflects his current disability level.

The Veteran's appeal is being remanded for further development to determine the nature and likely etiology of his claimed disabilities, including vertigo, left knee disability, right knee disability, lumbar spine disability, cervical spine disability, left hip disability, and right hip disability.

The Board has restored the Veteran's 40% rating for his service-connected lumbar spine DDD and granted entitlement to a TDIU, finding that his service-connected disabilities render him unable to secure or follow substantially gainful employment.

The Board has determined that additional development is needed to address the Veteran's claims for PTSD, left knee disability, and bilateral hearing loss. Specifically, efforts are required to corroborate the Veteran's reported in-service stressors for PTSD, obtain service personnel records for relevant individuals, and request any identified medical records.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of entitlement to increased evaluation for left knee disorder and service connection for right knee status post total knee replacement are pending.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining treatment records and scheduling a VA examination.

The Veteran's hallux limitus is related to his service-connected pes planus. The Board finds that the VA Chief of Podiatry Section's opinion, which relates the Veteran's currently diagnosed hallux limitus to his service-connected pes planus, is the most probative evidence as to the etiology of the disorder.

The Veteran's service-connected major depressive disorder is rated at the highest possible evaluation of 100 percent, reflecting total occupational and social impairment. The claims for service connection for lumbar spine disorder, right knee disorder, left knee disorder, and cervical spine disorder are granted.

The Veteran seeks service connection for various disabilities, including bowel disability, bladder disability, nerve damage, spinal cord damage with residual low back disability, hip disability, knee disability, erectile dysfunction, immunity disorder, and spleen disability. The appeal is remanded to obtain additional medical evidence regarding whether these disabilities are related to his service-connected PTSD.

The Veteran's initial claim for service connection was granted in September 2005, and a noncompensable rating was assigned. The RO raised the rating to 10 percent effective from September 1, 2006. The Board found that there is no evidence of arthritis or ankylosis prior to July 25, 2006, which precludes a higher rating based on limitation of motion.

The Board has determined that the Veteran's right knee disability, evaluated as DJD of the right knee under Diagnostic Code 5259, warrants a rating in excess of 10 percent. However, due to the history and nature of the service-connected condition, the Veteran is entitled to reinstatement of his previously assigned 10 percent rating for postoperative status, right knee disability.

The Board has determined that the Veteran's bilateral knee, lumbar spine, and cervical spine disabilities are not related to service. The evidence does not support a finding of in-service injury or disease for these conditions.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and industrial background, as he is qualified for sedentary employment.

The Veteran's claims for increased evaluations were partially successful. He was granted compensable ratings for his knee conditions, but denied an increase in evaluation for his right shoulder disability.