Knee decisions — 2012

The Veteran's left knee arthritis has been manifested by complaints of pain, swelling, and instability. The VA examinations showed no evidence of fatigue, weakness, lack of endurance, incoordination, effusion, or instability. The Veteran had a range of motion of no worse than 5 degrees extension and flexion to no less than 80 degrees with pain throughout the range of motion. Therefore, an initial rating in excess of 10 percent for left knee arthritis is not warranted.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, including bilateral hearing loss. The claims of entitlement to service connection for an eye disability and deep vein thrombosis with pulmonary embolism are denied. Claims for increased ratings for left knee, low back, and right fifth finger disabilities are also denied.

The Veteran's claims for service connection for left shoulder, bilateral ankle, bilateral hip, and bilateral knee disorders have been reopened. The claim for service connection for a spinal cord disorder has also been reopened.,The evidence received is not sufficient to reopen the claim of service connection for multiple uterine fibroids.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a new VA examination. The claim will be reconsidered based on the newly obtained evidence.

The Veteran's claim for an increased evaluation for his service-connected chondromalacia of the right knee is being remanded due to insufficient medical information and need for additional examination.

The Veteran's right knee disability, including his total knee replacement, is currently rated at 40 percent disabling. The appeals for higher ratings have been denied.

The Board found that the Veteran's current right knee disability is not related to his military service or caused by his service-connected right ankle disability, but rather due to a combination of previous osteomyelitis, Paget's disease, aging and being overweight. As such, the preponderance of evidence does not support service connection for the right knee disability.

The Board has determined that the Veteran's claim for TDIU requires additional development, including obtaining an updated VA examination to assess his employability due to his service-connected disabilities.

The Board finds that the Veteran's right knee and hip disabilities were not incurred in or aggravated by service, nor are they proximately due to a service-connected disability.,VA examinations have consistently found no current right knee or right hip conditions related to service.

The Board found clear and unmistakable evidence that the Veteran's right knee disability existed prior to service and was not aggravated by service.

The Veteran's service-connected right and left knee disabilities are currently rated at 10 percent each, with no evidence of ankylosis or instability warranting higher ratings. The current functional impairment does not meet the criteria for a rating in excess of 10 percent.

The Board found that the preponderance of evidence is against finding that the Veteran has a low back disability, bronchitis, or sleep apnea disability that are etiologically related to service. The claims for these conditions were therefore denied.

The Board has granted service connection for a right knee disability as secondary to the Veteran's service-connected left knee disability. The claim is denied in its entirety regarding an increased evaluation for the left knee.

The Board finds that the Veteran's current left knee and lumbar spine disabilities are less likely as not related to service, based on the January 2008 VA examination report.

The Veteran's appeal is being remanded for additional development of her service connection claims, including obtaining medical records and scheduling examinations to address the nature and etiology of her claimed disabilities.

The Veteran's claims for service connection for a pilonidal cyst, and initial increased ratings for post-traumatic osteoarthritis of the right knee and instability of the right knee were denied. The Veteran was not granted any new disability rating or effective date.

The Veteran's left knee disability, including recurrent subluxation or instability associated with postoperative residuals of left medial meniscectomy, is currently rated at 10 percent. A separate rating for limitation of extension was granted.

The Veteran's joint pain is attributed to known clinical diagnoses, not due to an undiagnosed illness or service. The Board finds that the Veteran does not have a current disability for which service connection can be granted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a head injury with memory loss and right knee disability. However, the claim for service connection remains denied as there is no clear or unmistakable evidence of pre-service existence of these conditions, and the evidence does not show they were aggravated by service.

The Board denied service connection for right and left knee disabilities, but granted service connection for hypertension.