Knee decisions — 2007

The Board has determined that the veteran did not engage in combat and therefore, his statements alone are insufficient to establish the occurrence of an in-service stressor for post-traumatic stress disorder. The bilateral knee disability is also denied as there is no evidence showing it was incurred during service.

The Board found that the veteran's right knee disability, characterized by limitation of flexion to 110 degrees with pain and slight instability, warranted a separate compensable disability rating for degenerative joint disease in the right knee.

The Board has reopened and granted the claims for service connection for a disability due to shin splints, but denied reopening of the claim for service connection for a left shoulder disability.,Service connection was established for a disability due to shin splints. The veteran's current knee disability is considered related to his service.

The Board found that the veteran's bilateral knee disabilities do not warrant evaluations in excess of 10 percent, as there is no evidence of limitation of flexion or extension to a degree that would justify such higher ratings.

The veteran's appeal is being remanded to the RO for scheduling a video conference hearing. The issues of service connection and increased rating are pending.

The Board has remanded the case for further evaluation due to inadequate range of motion findings in the right knee examination reports.

The veteran's appeal is being remanded for additional development of the claims file, including obtaining missing evidence and clarifying the type of hearing he desires before the Board.

The Board has denied the veteran's claims for service connection for various conditions, including a left knee condition, right knee condition, stomach disorder, bilateral hearing loss, tinnitus, and a left wrist scar. The RO previously denied these claims in September 2002 without reopening them.

The case is being remanded for additional examination to determine the current severity of the veteran's right and left knee strains, which may affect their ratings.

The RO granted service connection for right knee limitation of motion (flexion) and assigned a 10 percent evaluation effective September 21, 2004. In October 2006, the RO increased the evaluation to 30 percent from September 14, 2006.,The veteran is entitled to an initial evaluation in excess of 10 percent for right knee limitation of flexion and extension.

The Board has determined that the veteran's left ear hearing loss, which preexisted his entry into service, underwent a clinically identifiable permanent increase in severity during his initial period of active service. Therefore, service connection for this condition is granted.

The Board has determined that the earliest date as of which it is factually ascertainable that an increase in disability had occurred for a total rating based on individual unemployability due to service-connected disabilities was May 8, 1992. The veteran's service-connected conditions have rendered him unable to secure and follow any substantially gainful employment.

The Board has granted compensation under 38 U.S.C.A. § 1151 for the residuals of a left below the knee amputation and has maintained the current rating for lumbosacral strain.

The Board has determined that the veteran's service-connected right and left knee disorders do not warrant increased disability ratings as they are currently manifested by limited motion with subjective complaints of pain, and there is no evidence of subluxation or instability. The current range of motion does not meet the criteria for a higher rating under any applicable diagnostic code.

The veteran's cervical spine, left shoulder, and left knee disabilities are rated at the maximum allowed under current criteria. The right ankle disability is assigned a non-compensable rating. Service connection for right shoulder and right knee disabilities has been denied.

The Board has determined that the veteran's claimed left knee disorder and PTSD were not incurred or aggravated by service, as there is no competent medical evidence linking these conditions to his military service.

The Board has determined that the submitted evidence is not new and material to reopen the claim of service connection for a bilateral knee disorder. The veteran's monoclonal gammopathy and monoclonal paraproteinemia are not attributable to service, including herbicide exposure. Bilateral hearing loss does not meet the schedular criteria for a compensable rating.

The veteran's left knee arthritis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on current evidence of record.

The Board has determined that the appellant does not require the aid and attendance of another person for her daily activities, including dressing, keeping herself clean, feeding herself, or attending to the wants of nature. Therefore, she is not eligible for special monthly pension based on the need for regular aid and attendance.

The Board denied the veteran's claims for increased evaluations for his left knee patellofemoral syndrome and lumbosacral strain, finding that the evidence did not support an evaluation in excess of 10 percent. The headaches claim was also denied as there is no compensable rating available under VA regulations.