Knee Board decisions

The Board granted initial noncompensable ratings for chondromalacia of the right and left knees, effective April 22, 2004.

The Veteran's claims for increased ratings for his service-connected right knee arthritis, left knee arthritis, and left leg common peroneal nerve laceration are being remanded due to the need for updated VA examinations.

The Veteran's appeal is remanded for a new VA compensation and pension examination to determine the current severity of his service-connected residuals of a right knee injury. The RO should attempt to schedule an examination at the state hospital with a correctional or fee-basis examiner, or if unable to do so, have the claims folder reviewed by a VA C&P examiner.

The Veteran's claim for increased ratings for DJD of the right knee and TMJ was adjudicated. The rating for DJD of the right knee remains at 30 percent, while a separate rating of 20 percent is assigned for TMJ beginning March 18, 2008.

The Board found that new and material evidence had not been received to reopen the claim for service connection for a right knee disability. The Veteran's testimony at his hearing was considered, but did not provide sufficient medical evidence linking the current condition to service.

The Board has remanded the case for further development, including scheduling a VA examination to assess the severity of the Veteran's service-connected bilateral knee disabilities and obtaining additional medical records.

The Veteran's right knee meniscectomy residuals prior to May 23, 2006 were moderate in nature and more closely approximated the criteria for a 20 percent evaluation under DC 5257. Since August 1, 2006, her disability has been rated at 20 percent.

The Board has remanded the case for further development, including VA examinations and consideration of new evidence.

The Board has determined that the Veteran's current bilateral knee disability, diagnosed as chondromalacia patella with meniscus tear in the left knee, is related to his military service. The issue of service connection for a bilateral shoulder disability remains pending and will be remanded for further examination.

The Veteran's left knee internal derangement does not result in severe recurrent subluxation or lateral instability, and is not productive of limitation of flexion to 15 degrees or limitation of extension to 20 degrees. Therefore, the claim for an increased rating is denied.

The Board found that the Veteran's current inguinal bulge and hernia on the left side did not manifest during service or is related to an in-service injury. The Board also found that the preponderance of evidence was against a finding that the Veteran's current left knee disability was incurred during service.

The VA denied a rating in excess of 10% for the veteran's right knee injury residuals status post arthrotomy, finding that his disability did not warrant a higher evaluation based on current symptoms and examination findings.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for residuals from a right knee meniscectomy, which is now granted as it is at least as likely as not related to his service-connected left knee disorder.

The Veteran's claims for higher initial ratings for residuals of right hamstring removal for ACL reconstruction of the right knee, laxity of the left knee, ganglion cyst of the left wrist, surgical scars of the right and left upper arms have all been denied.

The Veteran's right and left knee disabilities were rated at 30 percent prior to December 4, 2006. Effective from that date, the RO granted a 60 percent evaluation for each knee disability.

The Veteran's service-connected disabilities, including left knee replacement, bilateral hearing loss, tinnitus, and right knee degenerative joint disease, have rendered him unable to secure or maintain gainful employment. The Board grants a total disability rating based on individual unemployability due to these conditions.

The Veteran's appeal is for increased ratings for service-connected degenerative joint disease of the cervical spine, lumbar spine, and right knee. The RO has granted service connection and assigned a single initial disability rating of 20 percent from March 1, 2004. During the course of the appeal, separate ratings were assigned to each condition. The Veteran's claim for increased ratings remains denied.

The Board has denied the reopening of the appellant's claims for service connection due to lack of new and material evidence.

The Veteran's claims for increased disability ratings for his right knee injuries are being remanded due to the need for additional medical examination and consideration of all applicable laws and regulations.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss, PTSD, left foot disorder, right foot disorder, right hip disorder, right knee disorder, or right leg disorder for VA purposes. As such, service connection is denied for all claims.