Knee Board decisions

The Board has determined that there is no competent evidence of record linking the Veteran's right or left knee disabilities to his military service, and thus denied both claims.

The Board found that the Veteran's preexisting right knee disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's appeal is being remanded due to the need for additional development, including scheduling a VA examination and incorporating missing records into the claims file.

The Veteran's claims for increased evaluations of residuals of pulmonary sequestrations, gout of the right wrist, knees, and right ankle, and anemia have been denied. The RO assigned staged ratings based on the severity of each condition.,For the period from September 27, 2002 to April 17, 2003, the Veteran's residuals of pulmonary sequestrations were evaluated at 30 percent.

The Veteran's claims for service connection for chronic lymphocytic leukemia and increased ratings for his right and left knee disabilities were denied. The Board found that the evidence did not support a finding of in-service disease or injury, nor was there continuity of symptoms after service.

The Veteran's claims for increased evaluations for his right knee instability and arthritis have been denied. The Board found that the evidence did not meet the criteria for a higher evaluation.

The Board has remanded the case for additional development and readjudication due to non-compliance with previous remand instructions.

The Veteran's service-connected disabilities do not render him totally unemployable, as he is capable of performing sedentary employment.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA outpatient treatment records. The Veteran's claims for service connection for osteoarthritis of the bilateral knees and an acquired psychiatric disorder will be reconsidered based on this new evidence.

The Board has determined that the Veteran's service connection claims for bilateral knee disorders are granted as secondary to his service-connected low back disability.

The Veteran's left knee disability has been rated at 10 percent for aching pain, stiffness, tightness, swelling, and painful motion. Despite these symptoms, the Veteran retains full or nearly full range of motion with no additional limitation during flare-ups or after repetitive use.

The Board denied service connection for right and left knee disorders, heart palpitations, and diarrhea as the evidence did not show a link to service.,Service connection was not granted because there is no medical evidence linking these conditions to service.

The Veteran's post-operative residuals of torn meniscus with instability in the right knee are rated at 30 percent, his traumatic arthritis is rated at 10 percent, and his tender surgical scar is rated at 20 percent effective from February 22, 2011.

The Board found that the reductions from 20% to 10% for lumbar strain with degenerative changes and cervical strain with degenerative changes were proper, but not warranted for left tennis elbow or right knee patellofemoral syndrome.

The Veteran's appeal is remanded due to the need for a new VA examination of her right knee disability, as it has been more than five years since her last examination and she has alleged worsening symptoms.

The Board found that the Veteran's timely notice of disagreement was not received by either the RO or the Board within the statutory period, but granted equitable tolling and accepted his December 2008 VA Form 9 as a valid appeal. The claims for service connection were decided on their merits.

The Board has determined that additional development is necessary to properly adjudicate the claim for a total disability evaluation based on individual unemployability due to service-connected disabilities. This includes obtaining updated VA and private medical records, scheduling a VA social and industrial survey, and scheduling a VA orthopedic examination.

The Board is remanding the case to obtain additional service personnel records and treatment records, conduct a VA examination, and review the claims file for compliance with the remand directives.

The Veteran's claims for increased evaluations were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 10 percent for chondromalacia of the right knee prior to December 1, 2009 or beginning December 1, 2009. The claim for a compensable evaluation for intrapatellar branch numbness was also denied. The reduction from 30 to 20 percent for postoperative residuals of patellar tendon, chondromalacia of the left knee was found to be proper.

The Veteran's appeal for increased ratings and service connection was denied. The Board found no basis for a compensable rating for bilateral hearing loss, but the issue of entitlement to an initial disability rating in excess of 10 percent for degenerative joint disease of the right knee is remanded due to incomplete development. Service connection for type II diabetes mellitus remains pending.