Knee decisions — 2007

The Board has granted service connection for left knee degenerative joint disease and patellar tendonitis with myositis ossificans, but denied service connection for right knee disorder and lumbar disc disease.

The veteran's claim for service connection for left ear hearing loss was granted. The initial rating for his left knee injury from March 25, 1997, to March 24, 2002, remains denied.,For the period of time from March 25, 1997, to March 24, 2002, the veteran's claim for an increased rating was not granted. The initial rating for his left knee injury and arthritis was granted at 30 percent effective April 11, 2002.,The veteran's claims for higher ratings on both his left knee injuries and right fingers were denied.

The VA determined that the veteran's right knee disability, characterized by pain and crepitation but without limitation of motion to a degree warranting a higher rating, warrants a 10 percent disability rating.

The veteran's claims for increased ratings and TDIU were denied. The right knee, GERD, normocytic normochromic anemia, pseudofolliculitis barbae, status post left orbital and maxillary sinus fracture, headaches, and nosebleeds are all rated as they currently stand.

The Board denied all claims for service connection and initial ratings, finding no evidence of a current disability related to service or new and material evidence.

The Board denied the veteran's claims for a rating in excess of 10 percent for PTSD, whether new and material evidence has been presented to reopen his right knee disability claim, and service connection for tinnitus. The denial was based on insufficient evidence showing that the conditions were related to military service.

The veteran's service-connected disabilities do not prevent him from caring for his daily personal needs and do not render him unable to protect himself from the hazards of daily living, thus he does not meet the criteria for SMC based on need for regular aid and attendance or being housebound.

The Board found that the veteran has current disabilities of the right knee, left knee, and lumbar spine. The service connection for these conditions was granted based on direct evidence rather than a presumption or secondary to another condition.

The veteran's left knee disability is not rated higher than the current 0% rating due to no other condition being present.,For his right leg, the veteran has a moderate incomplete paralysis of the external popliteal nerve (common peroneal) which warrants a 20% rating. The veteran does not meet the criteria for a higher rating.

The Board has granted a separate 10 percent evaluation for the veteran's service-connected right knee injury, postoperative, based on painful motion and arthritis. The current 10 percent rating for instability remains in effect.

The Board has denied the veteran's claims for service connection of bilateral knee and hip disorders as secondary to his service-connected low back strain. The evidence did not support a finding that these conditions were caused or aggravated by his service-connected disability.

The Board denied an increased rating for the veteran's left knee meniscectomies, but granted a separate compensable rating for his degenerative arthritis. The disability ratings are mixed as one issue was denied and another was granted.

The veteran's service-connected scars of the right upper thigh and left lower thigh and knee have been rated at 10 percent disabling. The VA has determined that these conditions do not warrant a higher rating based on current evidence.

The veteran's claims for service connection for PTSD, right knee injury, and left thumb, hand, or wrist injuries have been denied as there is no current disability of these conditions.

The veteran's claim for increased ratings and service connection was denied. The RO granted a 40 percent disability rating for traumatic arthritis of the right knee as of May 18, 2006, but found no basis to grant higher ratings or service connection.

The veteran's service-connected disabilities result in him being substantially confined to his dwelling or immediate premises and he requires the care or assistance of another person on a regular basis to protect himself from the hazards or dangers incident to his daily environment. The Board has determined that there is at least a reasonable doubt as to whether the veteran's service connected disabilities render him so disabled as to require the aid and attendance of another person, thus granting special monthly compensation based on the need for aid and attendance.

The veteran's appeal is denied for a rating in excess of 10 percent for residuals of left medial meniscectomy prior to November 16, 2004. A separate 10 percent increased rating was granted for instability and recurrent subluxation from November 18, 2003 to November 16, 2004. The appeal is pending regarding a rating in excess of 30 percent for degenerative arthritis after January 1, 2006.

The veteran's left knee disorder was rated at 20 percent prior to January 31, 2003 and increased to 30 percent from March 1, 2004. The rating for the period before surgery is granted.

The Board denied the veteran's claims for increased ratings for his degenerative joint disease of the right and left knees, finding that the evidence did not warrant a higher rating under applicable diagnostic codes.

The Board has determined that the veteran's conditions have improved, warranting a reduction in his disability evaluations. The RO reduced his evaluation for status post multiple left knee surgeries with plica band removal from 30 percent to 10 percent as of October 1, 2004.