Knee decisions — 2004

The Board denied service connection for a bilateral knee disability and an increased rating for PTSD.

The Board has determined that the current ratings for residuals of shell fragment wounds (SFW) of the right hand and chondromalacia of the left knee are not in accordance with the evidence presented, thus denying the claims.

The veteran's claims for increased ratings for gastroesophageal reflux disease and bilateral knee disabilities were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.

The Board denied the veteran's claims for increased ratings for his right knee, lumbosacral strain, and right hip strain.

The Board denied the veteran's claims of service connection for a positive PPD test, cupulolithiasis with vertigo (claimed as damage to otolithic membrane), and bilateral knee disability. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board found that the veteran's service-connected right hip disorder did not cause his claimed right knee disorder, and thus denied his claim for service connection.

The Board has determined that the veteran does not have a chronic acquired disorder of the left knee, right shoulder and neck, or low back, hip, and buttock that is related to service. The claims are therefore denied.

The Board found that the veteran does not have chronic acquired low back, right knee, and right ankle disorders linked to service on any basis.

The Board denied the veteran's claims for increased disability ratings and service connection for various conditions, including tinnitus, degenerative arthritis of the right arm, upper gastrointestinal disorder, cardiovascular disorder, bilateral hearing loss, irritable colon syndrome, left knee disorder, right knee disorder, right ankle disorder, and left ankle disorder. The decision also addressed his claim for PTSD.

The Board found that the veteran's current right knee disorder did not begin in or is related to his military service and was not caused by a service-connected left knee disorder. As such, the claim for service connection for a right knee disability was denied.

The Board has remanded the case due to a lack of medical nexus between the veteran's current right knee disorder and any injury sustained during service. The RO is instructed to arrange for an orthopedic evaluation to determine if there is a relationship between the veteran's current condition and his in-service injury.

The veteran's right knee disorder is rated at 30 percent based on instability, and also separately rated at 10 percent for arthritis with limitation of motion.

The Board has determined that the veteran's osteoarthritis of the left knee is proximately due to or the result of his service-connected internal derangement of the right knee, and thus grants service connection for this condition.

The Board has remanded the veteran's right knee and sinusitis claims for further development, including obtaining additional medical evidence from his private orthopedist.

The veteran's claims for service connection for low back and left knee disabilities are being remanded due to the need for additional medical opinions.

The veteran's service-connected knee disabilities do not meet the schedular requirements for a TDIU rating. The case is being remanded to consider an extraschedular TDIU rating.

The Board has granted service connection for PTSD, finding that the veteran's honorable period of active duty in Vietnam provided sufficient evidence to establish a stressor related to his PTSD. Service connection was also granted for the left knee disability due to new and material evidence.

The Board dismissed the veteran's appeal because he did not timely file a substantive appeal for the June 2001 rating decision denying his claims for service connection.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The veteran's left knee disability, including recurrent subluxation and degenerative joint disease, is rated at 30 percent for the former issue. The latter issue of degenerative joint disease remains denied.