Knee decisions — 2007

The Board finds that the veteran's right knee chondromalacia of the patella and left knee arthritis do not meet the criteria for a higher rating under applicable diagnostic codes.

The veteran's claims for service connection for anxiety neurosis, PTSD, and knee disabilities have been denied. The effective date of the grant of service connection for PTSD is October 20, 1994.

The veteran's service-connected disabilities render him unemployable, and the Board has granted a total disability rating based on individual unemployability.

The veteran's claims for higher ratings for his right knee and elbow disabilities were denied. However, he was granted service connection for PTSD with a 10 percent initial rating retroactively effective from January 21, 2004, and prostate cancer with a 100 percent rating retroactively effective from April 12, 2005 to May 31, 2005.

The Board has remanded the case for additional development, including obtaining VA medical records and providing proper notice to the veteran.

The Board has determined that the veteran is not entitled to a compensable rating under either Diagnostic Code 5260 (limitation of flexion) or Diagnostic Code 5261 (limitation of extension). However, due to osteoarthritis confirmed by MRI and X-ray, he is granted an increased rating to 10 percent for his degenerative joint disease of the left knee with chondromalacia.

The Board denied the veteran's claims of service connection for a right knee disability, female problems, and PTSD. The evidence did not support these claims as they were not related to her active duty service.

The Board denied the veteran's claim for a rating in excess of 40 percent for ankylosis of the right ankle and also denied his attempt to reopen his secondary service connection claim for back, hip, and knee disabilities.

The veteran's claims for service connection for thoracic myofascitis, cognitive disorder due to closed head injury, and radiculopathy secondary to lumbar spine pathology have been granted. The claims for bilateral hearing loss, degenerative joint disease of the knees, hypertension, fibromyalgia and/or chronic pain syndrome, hepatitis C, and gastroesophageal reflux disease (GERD) remain pending.

The Board denied service connection for a right knee disorder and determined that the veteran's character of discharge during his second period of active duty was dishonorable, thus barring him from VA benefits.

The veteran's appeal has been withdrawn by his representative, and as such, the Board does not have jurisdiction to proceed with the decision.

The Board has determined that the veteran's right knee and right shoulder disabilities are not service-connected, as there is no evidence of chronic conditions related to service. The Board found that any current right knee disorder is more likely due to a post-service injury in 1977, while the right shoulder disability was first noted after 20 years following service.

The veteran's service connection claims for PTSD and left leg, side, and hip disability were denied. The claim for increased rating for DJD of the right knee was also denied.,The VA determined that there is no evidence showing that pre-existing asthma was aggravated during his period of military service.

The Board has granted a separate rating of 10 percent for arthritis with limitation of flexion and denied an increased rating for recurrent subluxation and lateral instability.

The Board denied the veteran's claim for an increased rating for his service-connected right knee disorder, finding that the disability is manifested by complaints of pain and instability but no more than a 20 percent evaluation based on limitation of motion.

The case is being remanded for additional development, including a VA examination to assess the etiology of the veteran's knee disabilities and the severity of his lumbar spine disability.

The Board denied the veteran's claim for service connection for a left knee disability, finding that there was no evidence of arthritis in service or within one year after separation. The Board also found that the current left knee condition is not related to the service-connected right knee disability.

The Board has denied the veteran's claims for service connection for chronic renal failure, right hip disability, and right knee disability. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board found that the veteran currently does not have arthritis of the knees, shoulders, and ankles. The claim for service connection was denied.

The Board has remanded the case for further development and a new hearing at the Seattle RO.