Knee decisions — 2012

The Veteran's left knee disability has been rated at 10 percent since August 1, 2006. The evidence does not support a higher rating.

The Board denied increased ratings for major depressive disorder and dysthymia, chronic low back pain secondary to lumbosacral strain, and left knee patellar tendonitis and patellofemoral stress syndrome. The Veteran's claim of entitlement to a total disability rating based on individual unemployability is pending.

The Veteran's left knee disability, characterized by meniscus abnormality with episodes of locking and effusions into the joint, is currently rated at 20 percent under Diagnostic Code 5260. The Board finds that this rating adequately reflects the severity of his condition.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the Veteran withdrew his appeal regarding residuals of a gunshot wound to the right knee, and did not meet criteria for initial evaluations in excess of certain percentages for left knee conditions or right total knee replacement (TKR).

The Board has determined that the Veteran's right knee disorder was not incurred in or aggravated by service, and thus denied his claim for service connection. The skin disorder issue is pending as part of a separate remand.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and scheduling appropriate VA examinations.

The Veteran's claims for increased ratings and TDIU were denied. The left knee condition is rated at 10 percent, while the lumbosacral spine disability was rated as 20 percent from July 15, 2008 to January 7, 2011.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal prior to a decision being made.

The Board has remanded this case for a Travel Board hearing at the Waco RO.

The Board denied the Veteran's claims of service connection for various disabilities, finding that none were incurred or aggravated by his active duty service.

The Board has restored the Veteran's original 30 percent rating for his right knee disability, but denied an increased rating for his lumbar spine condition.

The Veteran's left knee disability, characterized by chondromalacia and arthritis, warrants a separate 10 percent rating for noncompensable limitation of motion with degenerative arthritis confirmed by x-ray. The Veteran does not warrant a higher rating for instability or an additional separate rating.

The Board has remanded the case due to a change in hearing officer, and you are entitled to another video-conference hearing before a VLJ at the earliest available opportunity.

The Veteran's claimed conditions, including degenerative changes and disc bulges of the lumbar spine, right foot disorder (degenerative joint disease), and right knee disorder (degenerative joint disease and deep vein thrombosis), were not shown to be related to service. The Board therefore denied these claims.

The Veteran's service-connected disabilities do not preclude him from performing substantially gainful employment consistent with his educational and vocational experiences.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the right knee with valgus deformity and tricompartment disease is being remanded to allow for a videoconference hearing before a Veterans Law Judge at the RO in Los Angeles, California. The case will be returned to the Board after the hearing.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine if an allergy exists to hearing aids, and to evaluate the Veteran's current disabilities. The claims for service connection and extraschedular rating for bilateral hearing loss are also being remanded.

The Board denied the Veteran's claims for service connection and increased evaluation of his right knee disability. The Veteran appealed this decision to the Court, which vacated part of it but did not address whether new and material evidence had been received.

The Board has remanded the case for further development, including scheduling a VA examination during a period of flare up of knee symptoms and obtaining additional medical evidence. The Veteran's claim for TDIU is also raised.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The claims of entitlement to initial compensable ratings for hypertension, as well as increased ratings for patellofemoral pain syndrome (PFS) of the right and left knees are pending.