Knee decisions — 2006

The veteran's claims for effective dates and initial evaluations were all granted. Effective October 9, 1993, he was granted service connection for arthritis of the right knee and left knee, with an initial evaluation of 20 percent for his torn posterior horn of the lateral meniscus, left knee.

The veteran's appeal is being returned to the Board for further review due to her request for a Travel Board hearing. The case will be remanded to schedule this hearing.

The Board has determined that the veteran's current bilateral knee disability was not incurred in or aggravated by service and is not related to any incident of service. As a result, the claim for service connection is denied.

The Board found no evidence of right knee, left jaw, neck, upper back or right wrist injuries sustained during service and denied all claims for service connection.

The veteran's right knee disability, characterized by moderately severe arthritis with limited flexion and extension due to pain, is currently rated at 30 percent. The RO has continued this rating.

The veteran's claims for increased evaluations and TDIU were denied. The RO found that the right rib fracture residuals did not warrant an increase in evaluation, as there was no evidence of deformity, angulation, malunion, nonunion, loose motion, or edema. For the left knee chondromalacia, the RO noted severe degenerative changes with no episodes of dislocation or recurrent subluxation; normal range of motion; and an additional 5 to 10 percent limitation of motion due to fatigue, pain, and weakness. The veteran's service-connected disabilities did not prevent her from securing and maintaining some type of substantially gainful employment.

The Board found that the reduction of the 10 percent rating for right knee instability was proper, and denied the veteran's request for an increased rating for degenerative joint disease of the right knee.

The veteran's left knee disability is characterized by severe instability with flexion in excess of 45 degrees and currently evaluated as 30 percent from June 29, 1990.,The veteran's right knee disability is characterized by severe instability, flexion in excess of 45 degrees, and currently evaluated as 30 percent from June 29, 1990. The veteran's sinusitis has not resulted in incapacitating episodes but has resulted in less than six non-incapacitating episodes a year.

The veteran's claims for increased ratings were denied. The right knee disability was rated at 30 percent prior to August 2, 2005 and 60 percent commencing on that date. The cervical spine disability remains at 20 percent. The low back disability is rated at 10 percent prior to August 2, 2005 and 20 percent thereafter. The foot disability continues at 10 percent.

The Board denied the veteran's claims for service connection and evaluations of his right knee disability, finding that there was no evidence of functional impairment or instability warranting a higher rating.

The veteran's degenerative joint disease of the left knee is found to be a result of injury incurred during active military service.

The Board has denied the veteran's claims for service connection for various conditions, including hearing loss and degenerative joint disease of the shoulders, knees, and feet. The adjustment disorder with depressed mood claim was also denied.

The Board has remanded the case due to insufficient medical evidence regarding the veteran's knee disorders, and further development is required.

The veteran's right and left knee disabilities are currently rated as 10 percent each, while his bilateral ankle disability is not compensable. The claims for increased ratings have been denied.

The Board denied service connection for a bilateral knee disability and the evaluations of asthma, migraine and tension headaches, and Raynaud's phenomenon with cold induced urticaria. The veteran was found not to have current chronic diseases or disabilities associated with these conditions.

The Board denied increased ratings for right and left knee arthritis, finding that the evidence did not support a higher rating than 10 percent.

The veteran's claim for a higher rating for his IVDS of the lumbar spine was denied as there were no incapacitating episodes and the evidence did not reflect severe limitation of motion. His right knee disorder post total right knee arthroplasty was also denied, with a 10 percent deduction for pre-existing disability.

The Board denied the veteran's claims of service connection for low back, left knee, psychiatric disabilities, and prostate cancer residuals as secondary to his service-connected right knee disability.

The Board has determined that the veteran's preexisting bilateral chondromalacia of the knees was aggravated by active service, and therefore service connection is granted.

The Board found that the veteran's neck, back, elbow, and knee pain were not incurred in or aggravated by active service. The disorders are considered to be due to known clinical diagnoses rather than undiagnosed illnesses resulting from service in the Persian Gulf War.