Knee decisions — 2006

The veteran's right knee condition, with a torn lateral collateral ligament and post lateral capsule post operative with traumatic arthritis, was rated at 20 percent from January 11, 1994 to December 11, 1995, and commencing February 1, 1996. The veteran's left knee condition, a fractured medial tibial plateau, was also rated at 20 percent during the same period. Both conditions were found not warranting an evaluation in excess of 20 percent.

The Board found that the veteran's bilateral hip, knee, and right ankle disorders were not caused or aggravated by VA negligence in providing medical care. The claims for compensation under 38 U.S.C.A. § 1151 were denied.

The Board has determined that the veteran's cervical spine disorder is related to his service, and therefore grants service connection for this condition. However, there is insufficient evidence linking the current bilateral knee injuries with service.

The Board has determined that the veteran's right and left knee conditions are related to his active service, while his eye condition and athlete's foot were not incurred in or aggravated by service.

The Board denied the veteran's claims for service connection for a right knee disability and alcohol abuse, but granted service connection for a left knee disability. The decision did not address the issues of rating assigned or effective date.

The Board has denied the veteran's claims for service connection for hypertension and a left knee disorder, as well as his claim for a compensable rating for laceration of the right hand and thumb extensor tendon. The case is being remanded to obtain additional medical records and arrange for a VA examination.

The Board has determined that the veteran does not have a low back, left knee, or right knee disability that is related to his service-connected left ankle disability. The claims are therefore denied.

The veteran's bilateral hearing loss and tinnitus did not begin during service or as a consequence of activities performed during active service. The veteran's current knee disability is not presumed to have been incurred in service, nor is it due to an already service-connected condition. Service connection for these conditions is denied.

The veteran's right knee disability, which includes a total joint replacement, warrants a rating of 60 percent based on chronic residuals consisting of severely painful motion or weakness in the affected extremity.

The veteran's service-connected residuals of a shell fragment wound of the left knee with retained foreign bodies are rated as 10 percent disabling for traumatic arthritis and a separate 10 percent rating is assigned for a tender scar. The current disability picture warrants these ratings.

The Board has remanded the case for additional development due to the need to consider the history of the injury and determine the extent of muscle damage caused by the shell fragment wounds.

The Board has remanded the veteran's claims for PTSD and increased evaluation of left knee disability due to insufficient development, including obtaining military personnel records and verifying stressors.

The Board denied increased ratings for joint instability and traumatic arthritis of the left knee, as well as a separate rating for a scar of the left knee. The veteran's claims were remanded multiple times due to procedural issues.

The veteran's claims for higher initial evaluations and TDIU were denied. The Board found that the criteria for a higher evaluation under Diagnostic Codes 5260 (flexion) and 5261 (extension) of the Rating Schedule have not been met.

The Board has granted service connection for degenerative joint disease of the right knee and denied service connection for a mid-back disability. The veteran's right knee is currently rated at 20 percent.

The Board has determined that the veteran's bilateral knee disorders and low back disorder were not incurred in or aggravated by service, may not be presumed to have been so incurred, and are not proximately due to or the result of his service-connected pes planus.

The Board has determined that the veteran does not meet the criteria for service connection for bilateral knee disabilities, arthritis of the hips, arthritis of the feet, hypertension, or tinnitus due to lack of a justiciable controversy. The claims for these conditions are dismissed. Service connection is denied for all other issues on appeal.

The Board has determined that the veteran does not have a current right knee disorder, bilateral hearing loss, or tinnitus. Therefore, service connection for these conditions is denied.

The Board has determined that the veteran's post-traumatic degenerative changes of the low back and right knee were incurred in service, and he is entitled to a higher initial rating for his status post stress fracture of the right fifth metatarsal with mild bony expansion.

The Board has reopened the veteran's claim of service connection for right knee disability due to new and material evidence, but further examination is needed to determine if the current condition can be attributed to military service.