Knee decisions — 2013

The Board found that the Veteran's current right knee disorder is not related to service or any incident of service, specifically his in-service right knee cellulitis.

The Board has reopened the Veteran's claim of service connection for a right knee disorder. The VA is now required to schedule the Veteran for an examination to determine the nature and likely etiology of any current right knee, low back, right hip, and right thigh disorders.

The Board finds that the Veteran's claims for effective dates earlier than July 15, 1991 for service connection are not warranted as there is no indication of a pending claim prior to this date.

The Veteran's right and left knee degenerative arthritis have been granted with noncompensable initial ratings, effective August 1, 2008.

The Veteran's claims regarding the reopening of service connection for bilateral knee condition, left hip condition, and left shoulder condition are being remanded due to a request for a Travel Board hearing.

The Board has denied service connection for right knee injury residuals, left knee injury residuals, and a broken tooth. The case is now remanded to the RO for further examination and development.

The Board has denied the Veteran's claims for increased ratings and service connection, finding that there is no evidence to support a finding of service connection or entitlement to higher ratings.

The Veteran's right knee lateral meniscus tear and arthritis have been rated at the maximum schedular rating of 30 percent since May 13, 2004. The Veteran's left knee degenerative arthritis has been rated at 10 percent since April 17, 2006.,The Veteran's right knee replacement surgery on April 2, 2008 resulted in a 100% rating for one year following the procedure.

The Veteran's claims for increased evaluations of her right and left knee chondromalacia patella, as well as an initial evaluation in excess of 10 percent for bilateral degenerative arthritis of the knees, were denied. The current maximum schedular rating of 30% is assigned for each knee.

The Veteran's claims for increased ratings and service connection were denied. The criteria for an increased rating under the applicable diagnostic codes were not met.

The Board found that the preponderance of evidence is against a finding that the Veteran's left knee disorder is related to service or was caused by a service-connected disability.

The Board denied service connection for various conditions, including left bunion surgery residuals, a broken left ankle, low back disorder, bilateral knee disorder, female/gynecological condition (to include residuals of a tubal ligation; and a hysterectomy and/or residuals thereof), seizure disorder, and hypertension.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board grants TDIU on an extraschedular basis.

The Board has granted service connection for vertigo and bilateral knee arthritis. The Veteran's currently diagnosed vertigo is related to her military service, while the bilateral knee arthritis claim remains pending as there are no medical opinions indicating it is not related to service.

The Board finds that the Veteran's left knee disability is causally related to his service-connected right knee disability and grants service connection for residuals of a total left knee replacement disability as secondary to service-connected residuals of a total right knee arthroplasty.

The Veteran's appeal is being remanded for further development, including obtaining an addendum opinion regarding the relationship between his left knee disorder and his right and lumbar spine disorders.

The Board has determined that the Veteran does not have current disabilities of left ear hearing loss, right shoulder tendonitis, or right knee tendonitis. Therefore, service connection for these conditions is denied.

The Board finds that the Veteran's left total knee replacement is likely due to altered gait and weight bearing caused by his service-connected right knee disability, which has been present since World War II. Therefore, the Board grants service connection for the residuals of a left total knee replacement as secondary to the service-connected right total knee replacement.

The Veteran's appeal is being remanded for a Board hearing by videoconference at the Waco, Texas RO. The 20 percent rating for residuals of a comminuted fracture of the left tibia and fibula, including traumatic arthritis of the left knee (left knee disability), will be returned to the Department of Veterans Affairs Regional Office after the hearing.

The Veteran's service-connected right knee disability is currently rated at 20 percent, with separate ratings for instability. The Board has confirmed and continued the current rating.