Knee Board decisions

The Veteran's service-connected right knee degenerative arthritis and bilateral hearing loss were not rated higher than noncompensable, as the evidence did not support a finding of more severe impairment.

The Board has determined that the Veteran's service-connected left knee disability caused his current degenerative joint disease of the lumbosacral spine and right knee, thus granting service connection for these conditions.

The Veteran's appeal is remanded due to the need for a current VA examination and additional development of his medical records.

The Board has granted an extension of a temporary total disability rating for the service-connected right ankle disability beyond November 30, 2003, until February 29, 2004. The appeal regarding service connection for back issues and initial evaluation of right foot injury remains pending.

The Veteran's left knee disability has been manifested by complaints of pain and functional impairment, but no more than a limitation of flexion to 130 degrees. The Board found that the evidence did not support a higher rating based on instability or other complications.

The Veteran's appeal has been withdrawn, and the Board dismissed the case due to this withdrawal.

The VA determined that the Veteran's death was not caused by his service-connected disabilities, including osteomyelitis and amputation of the leg.

The Board denied the Veteran's claims of service connection for a left knee disorder, dermatitis of the elbows and feet, actinic keratosis, status post excision of squamous cell carcinoma of the left upper arm, and an initial evaluation in excess of 30 percent for PTSD. The evidence did not support these claims.

The Board found that the Veteran's right knee disability was not incurred in or aggravated by active service and is not proximately due to, the result of, or aggravated by a service-connected disease or injury. As such, the claim for service connection for a right knee disability was denied.

The Board has determined that the Veteran's current low back and bilateral knee conditions are not related to her period of service.,Therefore, the criteria for service connection on a direct incurrence basis or secondary as due to or aggravated by a service-connected disability are not met.

The Veteran's service-connected left knee disability is currently rated as 10 percent disabling. The Veteran's service-connected lumbar spine disability, prior to June 11, 2004, was also rated as 10 percent disabling. However, since June 11, 2004, the disability has been rated as 10 percent disabling. Service connection for sleep apnea is not addressed in this decision.

The Veteran's appeal is denied as the claims for service connection and increased rating have not been substantiated by new and material evidence, and the effective date of TDIU remains at December 17, 1998.

The Board has determined that new and material evidence was not submitted to reopen the claim for service connection for arthritis of the left knee. The Veteran's claims for epicondylitis of the left elbow and carpal tunnel syndrome of the left wrist were also denied as they are not related to his military service.

The appellant has withdrawn his appeals for the issues of entitlement to service connection for hepatitis C, whether new and material evidence has been submitted to reopen claim of entitlement to service connection for a right knee disorder, and entitlement to an evaluation in excess of 20 percent for residuals of right ankle fracture, status post-open reduction internal fixation.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and conducting a VA examination to assess the current severity of his service-connected disabilities.

The Board has determined that a VA examination is needed to address the Veteran's claim for service connection for osteoarthritis, left knee, postoperative and whether it is proximately due to or permanently aggravated by his service-connected right knee disability.

The Veteran does not have a current diagnosis of a left knee disorder and therefore cannot establish service connection for this condition.

The Board has determined that the appellant's osteoarthritis of the left knee, back (lumbar spine), and left ankle are proximately due to or the result of his service-connected right knee disability. Therefore, these conditions have been granted as secondary to the service-connected condition.

The Veteran's DJD of the left knee is currently rated at 10 percent, and his s/p hernia repair with tender scar prior to August 5, 2008 was also granted a 10 percent rating. However, beginning on or after August 5, 2008, he received an increased evaluation to 30 percent for the same condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for failed back syndrome with degenerative joint disease and arachnoiditis as secondary to his service-connected left knee disability, and right knee degenerative joint disease. The claim is granted.