Knee Board decisions

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to insufficient medical opinion regarding whether the Veteran's service-connected disabilities render him incapable of obtaining and maintaining substantially gainful employment.

The Veteran's claims for PTSD, lumbar spondylosis, right and left knee disabilities, tinnitus, arthritis of the shoulders and hands, a skin disability involving the toenails and feet, residuals of a fracture of the left middle finger, an eye condition, a sinus condition, bilateral hearing loss, obstructive sleep apnea, and erectile dysfunction have all been granted. The initial evaluation for type II diabetes mellitus is 20 percent.

The Veteran's appeal is being remanded to schedule a hearing before the Board of Veterans' Appeals.

The Veteran's service-connected right knee patellofemoral syndrome is currently rated at 10 percent, but the evidence does not support a higher rating as his symptoms do not warrant more than this level of disability.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to assess his right knee and hip conditions, as well as an opinion regarding the etiology of his hepatitis C and diabetes mellitus.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining relevant Social Security Administration records and scheduling a VA examination.

The Board has determined that a remand is necessary to obtain additional medical examinations and opinions regarding the Veteran's right knee disability and left knee surgery with chondromalacia of the patella, as well as to address whether the January 2005 rating decision constituted an improper reduction in his service-connected left knee disability.

The Veteran seeks service connection for right knee arthritis, which he contends is related to a right knee injury sustained in service. The VA examiner found that the current severe osteoarthritis of the right knee is less likely as not related to his one account of right knee sprain while in service.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment, as a non-service connected disability causes his employment limitations.

The VA has granted service connection for right knee chondromalacia and assigned a 10 percent disability rating, effective from December 1, 2003. The current evaluation is based on the Veteran's symptoms of pain and limitation of flexion.

The Board has determined that the Veteran's left knee disabilities do not warrant a disability rating in excess of 10 percent.

The Veteran's claims for increased ratings for degenerative arthritis of the right and left knees were denied as there was no evidence showing that his symptoms warranted a higher rating.

The Veteran's left knee disability is rated at 40 percent, the maximum schedular rating available under Diagnostic Code 8520. The Board finds that a higher rating is not warranted as there is no evidence of severe incomplete paralysis below the knee with marked muscular atrophy.

The Board has determined that the Veteran does not have a bilateral foot disorder or a bilateral knee disorder that is related to military service. The claim for secondary service connection for a bilateral knee disorder, which is based on a grant of service connection for a bilateral foot disorder, must be denied as a matter of law.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss disability, tinnitus, hypertension, diabetes mellitus, and right knee disability. The evidence did not establish a nexus between these conditions and service.

The Board has determined that the Veteran's current bilateral knee and low back disabilities are not service-connected. The most probative evidence does not support a finding of an in-service injury or disease, and there is no medical nexus linking these conditions to service.

The Veteran's claims are being remanded due to the need for additional development, including VA examinations.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of current diagnoses or symptoms that would warrant an increased rating for his right knee disability, and denied the claims for bilateral shin splints, right elbow pain, and bilateral wrist strain. However, by extending the benefit of doubt to the Veteran, his lumbosacral strain was determined to be service-connected.

The Veteran's claims for service connection for headaches, gastrointestinal disorder, sinus disorder, neck disorder, low back disorder, and bilateral knee disorder have been denied.,There is no evidence of a chronic disability in any of these conditions during active service.

The Board found no evidence of service-connected conditions for the Veteran's bilateral knee, hip, and back disorders. The claims were denied as there was insufficient evidence to support a finding that these conditions are related to service.