Knee decisions — 2008

The Board has determined that the veteran's right knee, Achilles tendon, hip, kidney stones, and left ring finger conditions are likely due to injuries sustained during his active service. Service connection is granted for these conditions.

The Board denied the veteran's claims for service connection for a left shoulder disorder and bilateral knee disorders, finding that there was no evidence linking these conditions to his military service.

The Board denied the veteran's claims for an increased rating for his left knee disability and service connection for a lumbar back disorder, finding that the evidence did not support granting these benefits.

The veteran's claims for service connection for depression, low back disability, right knee disability, and bilateral hip disability have been denied as they are not related to his active service or his service-connected left knee disability.

The Board has decided to remand the case for further development, including obtaining service records prior to April 1953 and scheduling a comprehensive medical examination.

The Board found that the veteran's left knee disability, characterized by complaints of pain and sublaxation without evidence of limitation of extension or more than slight limitation of flexion, does not meet the criteria for an evaluation greater than 10 percent.

The Board found that the veteran's right knee disability has not manifested symptomatology that more nearly approximates the criteria required for a higher disability rating of 20 percent under DCs 5010-5003, 5260, and 5261. A separate 10 percent disability rating for instability of the knee is warranted.

The veteran's left knee disability was not found to warrant a compensable rating prior to August 24, 2007 and is currently rated at 10 percent. The Board denied the claim for a higher rating.

The Board has reopened the veteran's claim for service connection for left knee disability and granted it. The right knee disability is also considered as secondary to the left knee disability.

The veteran's claim for a higher rating for her arthritis of the right knee is being remanded due to incomplete development and need for additional evidence.

The Board has granted service connection for a chronic right knee disability, including osteoarthritis and internal derangement, as being proximately due to the veteran's service-connected right ankle sprain residuals. The claim for a chronic right hip disability was denied because there is no medical evidence associating any right hip symptoms with the service-connected right ankle disability.

The veteran is seeking a higher rating for his service-connected occluded left femoral to popliteal artery-vein graft, necessitating above the knee amputation. The current evaluation of 60 percent has been established since December 1, 2001, and from June 1, 2003 to the present. He believes he should be rated under a different diagnostic code (5161) for an upper one-third leg amputation.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's claims for service connection for hypertension and knee disabilities were denied. The Board found no evidence of hypertension during service or within a year after discharge, and the VA examiner did not find any link between the veteran's current hypertension and his service-connected knee disability. For the knees, the VA examiner noted mild degenerative changes without finding a direct relationship to service.

The Board denied increased ratings for the veteran's right and left knee chondromalacia and osteoarthritis with limited and painful motion, as well as his initial rating for instability and locking. The effective date claim was also denied.

The veteran's TDIU and DEA eligibility were granted effective October 11, 2006. The Board denied an earlier effective date for these benefits.

The Board granted higher initial evaluations and increased evaluations for the veteran's service-connected conditions, including degenerative disc disease of the lumbar spine, spur, Achilles' tendon, right ankle, degenerative changes of the first metatarsophalangeal joint of the right foot, and traumatic arthritis of the left knee.

The Board has denied service connection for hepatitis C and arthritis of the hands, arms, shoulders, knees, and ankles as there is no evidence that these conditions were incurred or aggravated by military service.

The Board has remanded the case to obtain additional evidence and determine if the veteran's current right knee disability is related to his service, specifically a March 2000 injury during ACDUTRA.

The Board has denied the veteran's claims for service connection for bilateral knee disability and residuals of a left inguinal herniorrhaphy. The evidence does not support a finding that these conditions are related to military service.