Knee decisions — 2014

The Veteran's hypertension, a right knee scar, and a pulmonary disability (including as due to exposure to asbestos) are all found to be service-connected. The Veteran is granted an initial noncompensable rating for his right knee scar since April 27, 2010.

The Veteran's claim of service connection for a disability manifested by pain in the legs and feet was denied as there is no evidence to support that these conditions are related to his military service.

The Board has determined that the Veteran's current right and left knee disorders are not related to his active duty service, and thus denied both claims for service connection.

The Veteran's service-connected left knee disability is rated at 10 percent, and his PTSD is rated at 30 percent. The Board found that the current ratings are appropriate based on the evidence of record.

The Veteran's left knee disability, including the status post surgery condition, is currently rated at 10 percent for limitation of flexion. He also has a separate rating of 30 percent for severe recurrent subluxation. The Board finds that his left knee does not warrant an increased rating based on additional functional loss or other symptoms.

The Board denied the Veteran's claims of CUE in August 19, 1982, and September 3, 1986, RO rating decisions regarding his right knee disability and erectile dysfunction and neuropathy. The Board also denied a claim for an effective date earlier than January 18, 1994, for TDIU due to the Veteran not meeting schedular criteria prior to that date.

The Board has restored the Veteran's 10% disability rating for his service-connected left knee laxity, effective March 1, 2010.

The Veteran is seeking service connection for a left knee disability that he believes is related to his service-connected right ankle disability. The Board has ordered additional development due to the inadequacy of the previous VA opinion regarding secondary service connection and aggravation.

The Board has denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a right knee disability due to negligent surgical treatment in September 2008, finding that VA does not have direct jurisdiction over the private physician and facility involved.

The Veteran's claims for diabetes mellitus, type II and hypoglycemia have been denied as there is no evidence of these conditions. The residuals of right knee injury claim remains pending due to the need for further examination. The onychomycosis claim also remains pending as it requires a determination regarding the nature and etiology of the condition. The fibromas or tumors claim remains pending.

The Board finds the Veteran's prostate cancer was not incurred in service and denied his claims for back, left foot, bilateral knee, and GERD disabilities.

The Veteran has withdrawn her appeals on the issues of entitlement to a rating in excess of 20 percent for stress reactions, right ankle, left knee, feet, hips, pubis symphysis and right superior calcaneus; a rating in excess of 10 percent for stress fracture, right anterolateral femoral condyle, with stress reaction of the knee; and a compensable rating for stress fracture, left talus.

The Veteran's right knee disorder is related to his military service, and the Board has ordered additional development including a VA examination.

The Veteran's appendectomy scar is rated at 10 percent, and his right knee disability with arthritis is rated as 20 percent disabling.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling examinations to determine the nature and etiology of his disabilities.

The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, effective July 28, 2009. The Board finds that a higher rating for his service-connected radiculopathy of the left lower extremity is warranted.

The Board found that the reduction in compensation from 20 percent to 10 percent for the Veteran's service-connected left knee disability was not proper, as there was no evidence of improvement in his condition.

The Board has granted service connection for left knee chondromalacia patellae and tendonitis, finding that the Veteran's current knee disabilities are related to his military service.,The claim of service connection for hypertension is remanded due to insufficient evidence.

The Veteran's left knee subluxation and arthrosis have been granted with a combined rating of 10 percent.

The Board found that the reduction of the evaluation for residuals of a left knee sprain, with injury to lateral collateral ligament and lateral meniscus from 20% to 10%, effective November 1, 2012, was proper.