Knee decisions — 2005

The Board has determined that the veteran's bilateral knee disability and low back disability are not related to his military service. The claims for these disabilities have been denied.

The VA denied a rating in excess of 10 percent for the veteran's service-connected left knee disability, finding that the evidence did not support such an increase.

The veteran's claim for an earlier effective date of October 20, 2005, for the 10 percent rating for patellofemoral syndrome of his right knee is granted. The other claims are being remanded to the RO.

The Board has determined that the veteran's left and right knee disabilities are related to his military service, granting his claims for service connection.

The Board denied the veteran's claims for increased evaluations for his osteoarthritis of the right and left knees, finding that the evidence did not support a rating in excess of 20 percent for the right knee.

The VA determined that the veteran's current degenerative joint disease of the lumbar spine, hips, and knees is not related to his service or service-connected residuals of a gunshot wound to the left buttock. The Board agreed with this determination.

The Board has remanded the case for further development due to a failure of the veteran to attend a scheduled VA examination and because the RO did not present his file to an appropriate examiner.

The Board found that the appellant's migraine headaches are no more than occasionally prostrating and thus do not warrant an evaluation in excess of 30 percent. The issues regarding carpal tunnel syndrome, leg/knee pain, and swollen fingers/ankles/hands were also denied as service connection was decided on the merits.

The Board denied an initial rating higher than 20 percent for the postoperative residuals of the anterior cruciate ligament repair of the left knee, finding that the veteran's impairment was no more than moderate.

The veteran's claims for higher initial ratings for lumbosacral strain, degenerative changes of the left knee, and residuals of a right shoulder fracture were denied as his conditions did not meet the criteria for an increased rating under VA regulations.

The Board denied the reopening of the veteran's claim for service connection for a left knee disability, finding that the new evidence submitted was not material to reopen the claim.

The Board has granted service connection for PTSD, Hepatitis C, Right Knee Injury with Arthritis, and Injury to Chin as secondary to exposure to Agent Orange. The veteran's muscle and joint aches and swelling are also found to be related to his service-connected conditions.

The Board has determined that the veteran does not have arthritis of the neck, hands, left knee and left shoulder, or chest pain as a result of his service-connected seizure disorder or associated medications.

The Board denied the veteran's claims for increased evaluations for his service-connected right and left knee disabilities, finding that the evidence did not support a higher rating based on current symptomatology.

The Board has remanded the case for additional development, including obtaining service medical records and VA treatment records. The issues on appeal are whether the veteran is entitled to service connection for a cervical spine disability, a psychiatric disability, carpal tunnel syndrome of the right hand, and a right knee disability.

The RO denied the veteran's claims for an increased evaluation and TDIU due to his service-connected left knee disability, as the evidence did not support a higher rating based on limitation of motion or instability.

The Board has determined that there is no evidence linking the veteran's current arthritis of the knees and spine to his service, including any in-service lifting of ammunition boxes. The claim for service connection is therefore denied.

The Board has determined that the veteran's low back disorder and bilateral knee disorder were not incurred in or aggravated by active service, and arthritis may not be presumed to have been so incurred.

The Board found that the veteran's left knee disability was not incurred in or aggravated by active military service, nor may arthritis of the left knee be presumed to have been incurred therein. The VA examination opinions obtained by the RO are sufficient for a determination on the merits of the veteran's appeal.

The Board has granted initial evaluations of 20% for the service-connected right knee disability and a 10% evaluation for the service-connected left knee disability, based on the severity of symptoms and functional impairment.