Knee Board decisions

The Board found that the Veteran's pre-existing right knee disability did not increase in severity during service, and therefore denied service connection. The Court overturned this decision, finding that there was clear and unmistakable evidence of aggravation.

The Board has remanded the case for additional development, including a VA examination to clarify the nature and etiology of the Veteran's right knee disability and its relationship to his service-connected left knee disability.

The Board has remanded the case back to the RO for further action, including scheduling a video conference hearing.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of any current left knee disability.

The Veteran's left knee arthritis has been rated at 20% since January 1, 2000. Since May 6, 2010, the rating is increased to 40%. The Veteran now meets criteria for a higher evaluation based on significant advancement of his arthritis.

The Veteran's claim for an increased rating for his service-connected right knee disorder was denied as the evidence did not meet the criteria for a higher evaluation.

The Veteran's right knee instability is currently rated at 10 percent, the lowest available rating under Diagnostic Code 5257. The evidence does not support a higher evaluation as her symptoms are described as mild.

The Veteran is entitled to a total rating based on individual unemployability due to his service-connected disabilities, effective January 26, 2007.

The Board found that the Veteran's current right knee disability, primarily diagnosed as degenerative changes, is not related to service and denied his claim for service connection.

The appeal is being remanded due to the timeliness of the Veteran's substantive appeal and a need to reconsider whether new and material evidence has been received to reopen his claim for service connection for low back disability.

The Veteran's skin rashes of the chest, neck, bilateral elbows, and bilateral shins are not service-connected.,For his left knee disability, he is currently rated at 10 percent for limitation of flexion to 90 degrees and extension to 0 degrees. The higher rating of 20 percent is denied as there is no evidence of ankylosis or instability.,His obstructive sleep apnea is currently rated at 50 percent, which requires the use of a breathing assistance device (CPAP machine). A higher rating of 100 percent for chronic respiratory failure with carbon dioxide retention or cor pulmonale and requiring tracheostomy is denied.

The Veteran's right knee disability, including his service-connected bursitis and patellofemoral syndrome, is currently rated at 10 percent. The Board has found that the current rating adequately reflects the severity of his condition.

The Veteran's service-connected disabilities, including his right elbow and knee conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has determined that referral to the VA Compensation and Pension Service is warranted for consideration of a TDIU on an extraschedular basis.

The Veteran's right and left feet disabilities have been granted initial disability ratings of 10 percent, effective April 1, 2005.

The Board has remanded the case for further development due to incomplete service treatment records and other issues.

The Board has determined that the appellant's service-connected right common peroneal nerve disability warrants a 40 percent rating, and his service-connected right knee dislocation status post total right knee arthroplasty warrants a 30 percent rating.

The Veteran's left ankle injury with retained foreign body is rated at 20 percent, while his claim for service connection of a bilateral knee disorder secondary to the ankle injury is denied.

The Veteran developed residual neurological disabilities, including left foot drop and paralysis of the left lower extremity below the knee, following a laminectomy performed by VA in July 1987. These conditions are considered service-connected due to their direct relationship with the treatment provided.

The Veteran's left knee instability and arthritis with painful motion are currently rated at 10 percent each, but do not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has determined that new and material evidence has not been received to reopen the claims for left ear hearing loss and right knee disability. The evaluation in excess of 10 percent for residuals of a fracture of the right index finger remains unchanged.