Knee decisions — 2006

The Board finds that the veteran's injuries were not caused by VA treatment, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for wedging of the lumbosacral spine at L2, residuals of a sacroiliac injury, migraine headaches, residuals of left shoulder injury, residuals of left knee injury, and left hip disability. The claims were denied on the merits.

The Board has denied the veteran's claims for service connection for a left knee disorder and an initial disability evaluation in excess of 10 percent for his right knee disorder. The claim for service connection for a back disorder is being remanded due to lack of recent medical evidence.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for a back disability, bilateral knee conditions, and right ankle condition. However, the Board found no evidence of a disease or injury in service that would support these claims.

The Board has determined that the veteran's right knee disability, which includes a history of medial meniscectomy and degenerative joint disease, does not warrant an evaluation in excess of the currently assigned 10 percent rating.

The veteran's claim for a higher rating for his left knee disorder was granted, with the effective date being March 1, 2005. His combined disability evaluation is now at 90 percent.

The Board finds that the veteran's left knee disorder is proximately due to his service-connected right knee disorder and grants service connection for this condition.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for PTSD and a chronic knee disability. However, the claims are being REMANDED as they need further review on their merits.

The Board has granted a 10 percent rating for posttraumatic arthritis of the right knee effective to the date of claim, and denied any higher ratings based on instability or additional limitation of motion.

The Board has determined that there is no competent or credible evidence demonstrating a service-connected left knee disability caused or worsened the veteran's right knee disorder, and thus denied the claim for secondary service connection.

The veteran's right knee patellofemoral syndrome was not found to warrant an evaluation in excess of 10 percent prior to August 21, 2003.,From October 1, 2003, the veteran's right knee patellofemoral syndrome did not meet the criteria for a rating higher than 10 percent.

The Board has determined that the veteran does not have a current diagnosis of PTSD, right knee disability, left wrist injury residuals, or memory loss secondary to head trauma related to his period of service. The evidence is insufficient to establish these conditions as being incurred in service.

The Board found that the veteran's right knee degenerative joint disease did not warrant a rating higher than 10 percent, as his limitation of extension and flexion did not meet criteria for higher ratings.

The Board has determined that there is no competent medical evidence showing the veteran has a bilateral knee disorder related to service. Therefore, the claim for service connection for a bilateral knee disorder was denied.

The veteran is attempting to reopen claims for service connection for a back injury, osteoarthritis of both knees, and tuberculosis with asthma. The case must be remanded due to the failure to provide timely VCAA notice.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling examinations to determine if the veteran has left ankle, left knee, or hearing loss disabilities that are related to his military service.

The Board found that the evidence does not support a conclusion that there is an etiologic relationship between the veteran's service-connected right knee disability and his claimed left heel spur, chondromalacia of the left knee, or degenerative joint disease in the lumbar spine.

The Board granted a 30 percent rating for Osgood-Schlatter disease of the left knee since January 1, 2001. The effective date is set at January 1, 2001.

The Board is remanding the case due to a recent change in law regarding notification requirements. The claimant must be informed of what evidence would substantiate their petition to reopen the right knee disorder service connection claim.

The veteran's service-connected disabilities prevent him from securing and maintaining a substantially gainful occupation consistent with his education and occupational experience.