Knee decisions — 2007

The Board denied the veteran's claims for higher initial ratings for instability as a residual of status post meniscectomies and ACL reconstruction of the left knee, and for left knee post-traumatic degenerative changes associated with status post meniscectomies and ACL reconstruction of the left knee. The RO/AMC found that the evidence did not support an increase in disability rating beyond 10 percent.

The Board found no evidence of a current right knee disability and concluded that the veteran's left knee disorder is not related to service. The claim for service connection for both conditions was denied.

The VA determined that the veteran's service-connected right knee disability, characterized as status post dislocation with patellofemoral syndrome and degenerative joint disease, does not warrant a higher rating than the current 10 percent.

The Board finds that the veteran does not have shin splints of the right or left lower extremities related to active military service.,The Board also finds that the veteran's back disorder, including arthritis, is not related to active military service.

The veteran's initial knee disabilities were granted in December 2003 with a 10% rating effective May 2001. The RO later increased the ratings to 30% for both knees starting October 1, 2004 and March 1, 2006 respectively.,The veteran's knee disabilities prior to August 21, 2003 were primarily pain and crepitations with flexion exceeding 60 degrees but no evidence of instability. The RO found that the initial ratings did not meet criteria for higher evaluations.

The Board has remanded the veteran's claims due to insufficient VCAA notice and additional development is needed before a decision can be made.

The Board denied the veteran's claims for service connection of his back disorder and left knee disability, as well as a temporary total rating due to convalescence following low back surgery. The claim for an increased rating for postoperative residuals of a dislocated left kneecap was also denied.

The veteran's initial evaluations for his lumbosacral spine degenerative disc disease, right knee post-traumatic osteoarthritis, and left ankle disability have been granted. The evaluation for the lumbosacral spine has been increased to 40 percent from September 16, 1995 to November 16, 1997, and then to 50 percent from February 27, 2006 onwards.

The Board denied a rating in excess of 10 percent for the veteran's chondromalacia of the left knee, finding that the evidence did not support a higher evaluation.

The Board found that the veteran's bilateral foot disorder, pes planus, was not incurred or aggravated by active service. The lumbar spine and bilateral knee disorders were also not proximately due to or the result of a service-connected disability.

The Board has determined that the veteran's residuals of a right tibia fracture, with knee impairment, warrant a 20 percent evaluation.

The veteran's claims for service connection were denied, and the RO found that new and material evidence had not been submitted to reopen his claims. The GERD with hiatal hernia claim was granted based on secondary service connection.

The Board has determined that the veteran's right and left knee disabilities do not warrant a rating in excess of 20 percent under any applicable diagnostic codes.

The veteran's left knee disability is currently rated at 40 percent disabling due to pain and some diminished tone. Service connection for degenerative joint disease of the lumbar spine secondary to a service-connected left knee disability has been granted.

The Board has remanded the case for further development, including obtaining verification of service periods and scheduling VA examinations to determine the nature, severity, and etiology of the veteran's claimed conditions.

The veteran's service-connected residuals of a compound fracture of the left femur with internal derangement of the left knee are rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5255. The separate arthritis of the left knee warrants a 10 percent rating.

The Board found that the veteran's left knee disorder and right knee chondromalacia are not related to his military service or a service-connected disability, respectively. Therefore, service connection for these conditions was denied.

The Board found that the veteran's left knee disorder, which includes a history of sprained left knee and possible mild internal derangement or chronic synovitis, does not meet the criteria for a compensable evaluation based on limitation of motion, instability, or subluxation. The highest rating available is 0 percent.

The Board has determined that the veteran's preexisting internal derangement of the left knee was not aggravated by service, and thus denied service connection for this condition.

The Board has granted service connection for a hiatal hernia, finding that the veteran's current condition is due to symptoms originating during his military service.