Knee decisions — 2007

The Board has determined that the veteran's degenerative joint disease of the left knee was not incurred in service and is not causally or etiologically related to service. As such, the claim for service connection is denied.

The Board found that the veteran's left knee internal derangement with patella tendonitis, chondromalacia, and Baker's cyst is manifested by motion from 0 degrees extension to 120 degrees flexion, with pain from 5 to 90 degrees. The maximum schedular rating for cartilage, semilunar, dislocated, with frequent episodes of 'locking' pain, and effusion to the joint (Code 5258) is 20 percent. Since there was no current instability in the left knee, Code 5257 was not applicable. Therefore, the Board denied a disability rating greater than the combined 30 percent that the veteran currently receives under Codes 5003 and 5258.

The Board is requesting additional VCAA notice and remanding the case for further development regarding whether new and material evidence has been submitted to reopen claims of entitlement to service connection for a right knee disorder and a back disorder.

The Board has determined that the veteran does not have current right knee, right ankle, or hepatitis C disabilities and therefore service connection for these conditions is denied.

The Board has determined that there is no competent medical evidence of current diagnoses for the claimed bilateral knee condition, low back condition, or gastritis. Therefore, service connection cannot be granted.

The Board has determined that the veteran's current right ankle and right knee disabilities are not related to service, and therefore denied his claims for service connection.

The Board has determined that the veteran's right knee and low back disabilities are secondary to his service-connected left knee disability, warranting service connection for these conditions.

The Board has determined that the veteran's current right knee disability, arthritis, is related to service and grants service connection for this condition.

The Board denied an increased disability rating for the veteran's service-connected right knee GSW residuals, finding that a higher rating is not warranted due to the amputation rule and the current evidence does not show impairment analogous to amputation.

The Board has determined that the veteran's right knee, low back, and heart disabilities were not incurred or aggravated during service. The evidence does not support a finding of service connection for these conditions.

The Board has granted service connection for residuals of a left tympanic membrane perforation, tinnitus, and arthritis of the left knee. The veteran is now entitled to a separate 10 percent rating for his arthritis of the left knee.

The Board found that the veteran's bilateral knee disorder was not incurred in or aggravated by service and denied his claim.

The Board found that the veteran's back condition did not originate in service and denied his claims for higher initial ratings for left and right knee conditions. The evidence showed no chronic disability of the back during or immediately after service, with onset occurring several years post-service. The knees were evaluated as having degenerative arthritis.

The Board has determined that the veteran does not have a current disability of myopia with astigmatism or arthritis of the left knee for which service connection can be granted. The veteran's headaches are found to be proximately due to her service-connected temporomandibular joint (TMJ) disorder, and she is therefore granted service connection for this condition. However, an increased rating for lumbosacral strain remains denied as there is no evidence of a current disability.

The Board has remanded the veteran's claims for service connection for a bilateral knee condition and sinusitis due to additional development being needed.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbar spine, degenerative joint disease of both knees, and a thyroid disorder. The evidence did not establish a direct relationship between these conditions and his military service.

The Board has determined that service connection is not warranted for the appellant's claimed left knee disorder. The evidence does not support a finding of any causal connection between the appellant's current claimed left knee condition and his military service.

The Board has remanded the case for additional development, including obtaining a VA examination and reviewing the claims folder to determine if there is a chronic right knee disorder related to service or to the service connected right ankle disability.

The Board has determined that the veteran does not have a current left knee disability and there is no evidence linking any past injury to service. Therefore, service connection for a left knee disability cannot be granted.

The veteran's service-connected disabilities do not render him incapable of performing activities of daily living without regular assistance from another person, and he does not have a single service connected disability rated at 100 percent. The veteran is not substantially confined to his ward or clinic areas because of his service-connected disabilities.