Knee decisions — 2012

The Veteran's appeal was dismissed due to his death while the appeal was pending.

The Board has determined that the Veteran's arthritis in both knees was incurred during active service and grants service connection for this condition.

The Board finds that the reduction from a 30 percent to a 10 percent evaluation for residuals of a right leg fracture, effective February 1, 2006 was proper.

The Veteran's claims for increased evaluations and service connection were denied. The appeal is not about service connection at all, as the issues are related to the evaluation of existing disabilities.

The Veteran wants to testify at a personal hearing before the Board due to his request, and this case is being remanded for that purpose.

The Veteran's claims for service connection are being remanded due to the need to obtain additional VA treatment records from his past care providers.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge.

The Board has determined that the September 2001 rating decision denying service connection for a cervical spine disability, bilateral carpal tunnel syndrome, and a right knee disability is final. New and material evidence has not been submitted to reopen these claims.

The Veteran's claim for a rating in excess of 10 percent for right knee disability prior to July 29, 2005 was denied. The Board found that the evidence did not meet the criteria for a higher rating based on the current manifestations of his service-connected right knee disability.

The Veteran's service-connected right knee disability, characterized by arthritis and some limitation of motion, has not met the criteria for a higher evaluation since December 26, 2009 to February 11, 2010 and from April 12, 2010.

The Board has determined that the Veteran's claimed low back, bilateral knee, bilateral ankle, right foot, and bilateral hip disabilities were not incurred or aggravated by service. The evidence does not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's right and left knee disabilities, as well as his lumbar disc herniation with degenerative arthritis, were not incurred in or aggravated by active duty. The disabilities are also not service connected on a secondary basis to any service-connected conditions.

The Board denied a compensable rating for service-connected right knee disability in August 1991. The moving party's representative argued that the decision should be revised due to an omission of consideration of Diagnostic Code 5003, which pertains to X-ray evidence of arthritis and limitation of motion.

The Board found that the Veteran's left knee disorder is not etiologically related to service or his service-connected right knee disability, and therefore denied the claim for service connection.

The Veteran's right knee disability is currently rated at 10 percent for limitation of flexion, and a separate 10 percent rating has been granted since March 2, 2011 for limitation of extension. A separate 20 percent rating has also been assigned since that date for instability. For the left knee, a 20 percent rating is in effect since March 2, 2011 for limitation of extension and a separate 20 percent rating has been granted since then for instability.

The Veteran's claim of service connection for right shoulder, left knee, and left ankle disabilities was denied. The Board found that the Veteran had a history of left ankle strain/sprain during his military service but no current diagnosis or continuity of symptomatology for right shoulder or left knee disabilities.

The Board found that the appellant's pes planus is currently rated at 30 percent, which is the maximum schedular rating available under Diagnostic Code 5276. The claim for an initial rating in excess of 30 percent was denied as there is no evidence to support a higher evaluation.

The Board has determined that additional examinations are needed to determine the current nature and etiology of any diagnosed right leg, right shoulder, right elbow, or bilateral knee disorders. The Veteran's claims for service connection will be remanded for these purposes.

The Veteran's right knee disorder, diagnosed as fabella syndrome, did not show any limitation of motion or functional impairment that would warrant a rating higher than the assigned 10 percent prior to May 2010.

The Veteran's claim for a total evaluation based on individual unemployability due to service-connected disabilities is being remanded as the VA examination provided was inadequate and additional evidence is needed, including Social Security Administration records and private treatment records.