Knee decisions — 2013

The Veteran's service-connected disabilities, particularly his right and left knee disabilities, render him unemployable. The Board grants entitlement to TDIU based on the severity of these conditions.

The Board found that the Veteran's knee disabilities are not manifested by more than slight instability or limitation of motion, and thus denied increased ratings for both knees.

The Veteran's appeal is remanded for further development, including obtaining additional treatment records and scheduling a VA examination to evaluate the severity of his service-connected left knee disability.

The Veteran's service-connected disabilities, including left knee degenerative joint disease and instability, are not shown to render him unemployable at any time since March 10, 2003. His combined disability rating is 30 percent.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine his employability due to service-connected disabilities.

The Board found that the Veteran's left leg disability was not incurred in or aggravated by active military service and denied his claim.

The Board found no evidence of a nexus between the Veteran's current right and left knee disabilities (post-TKA DJD) and his service, including as due to injury therein. Therefore, service connection for these conditions was denied.

The Veteran's arthritis of the hands, hips, and knees was not shown as such in service, did not manifest within the one year presumptive period, and there were intercurrent causes to explain manifestations of the chronic disease many years after service as well as a lack of nexus between current disease and service and any post service continuity of symptomatology. Therefore, service connection is denied.

The Veteran's claims for increased ratings and service connection were denied. The cervical and thoracic spine disability was rated at 20 percent prior to February 19, 2009, but the Board found that this did not meet the criteria for a higher rating. The left knee/leg disability was also rated at 20 percent, with no higher ratings granted.

The Board has denied the Veteran's claims for service connection for a right knee disorder and an upper respiratory disorder, as well as his initial rating for GERD and increased rating for low back disability. The claim for TDIU is addressed in the REMAND portion of this decision.

Service connection for bilateral knee disability and low back disability has been denied as the disabilities did not have their onset in service or are not caused by service-connected conditions.,A compensable rating for left leg shortening is not warranted due to the degree of limitation of ankle motion.

The Veteran's effective date for additional VA disability compensation based on having a dependent child is denied as the earliest qualifying rating was December 30, 2004. The Veteran did not provide evidence of dependency within one year of notification and thus cannot be granted an earlier effective date.

The Board has determined that the Veteran does not have a current left knee or hip disability, and therefore cannot establish service connection for these conditions. The right wrist disability is also denied as secondary to the service-connected right knee disability.

The Board has determined that additional VA examinations are necessary to assess the Veteran's low back disability and right and left knee disabilities, as well as obtain all relevant VA treatment records. The appeal will be remanded for these actions.

The Veteran's claim for an earlier effective date for the assignment of a TDIU was denied as it is not factually ascertainable that he was unable to obtain or maintain gainful employment within the year preceding May 21, 2010.

The Board previously denied service connection for a left knee disability, but the U.S. Court of Appeals for Veterans Claims has remanded the case due to insufficient medical opinions in the prior decision.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence was not presented to reopen the nerve damage claim, and denied all other claims.

The Board has remanded the claims for further development due to the need to consider additional service treatment records and a VA examination. The appeal is not yet decided on the merits of the service connection issues.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the conditions listed in his claims, and therefore, denied all of them.

The Veteran's service-connected traumatic arthritis of the right knee is currently rated as 10 percent disabling, and no higher. The evidence shows that the Veteran has flexion limited to 130 degrees with mild functional limitations.,The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated as 20 percent disabling, and no higher. The evidence shows that the Veteran has forward flexion limited to 85 degrees, extension limited to 20 degrees, and minimal functional limitations.