Knee decisions — 2008

The Board has determined that a 10 percent initial evaluation is warranted for the veteran's postoperative residuals of medial meniscus tear and partial anterior cruciate ligament tear of the right knee, effective from May 16, 2006.

The Board denied the appellant's claims for service connection for dermatitis, right knee disorder, and low back disorder. The decision also addressed his increased rating claims for left knee degenerative joint disease and dislocation disability but did not assign a specific evaluation.

The Board has remanded the case due to the need for additional development of the medical records and notification regarding secondary service connection.

The Board has determined that the veteran does not have a current diagnosis of hypertension or right knee disability and therefore, service connection for these conditions is denied.

The veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or adaptive equipment, as he does not have a qualifying disability resulting in loss of use of either hand or foot, nor permanent impairment of vision in both eyes with central visual acuity of 20/200 or less.

The Board has determined that the veteran's post-operative residuals of a left knee surgery with arthritis and arthritis of the right knee are currently rated at 10 percent, which is appropriate given the medical evidence showing limited range of motion without ankylosis or instability.

The veteran's left knee disability, characterized by instability and traumatic arthritis, does not warrant a higher rating as the range of motion is within normal limits.

The veteran's claims for higher ratings for her service-connected patellofemoral syndrome of the left and right knees, as well as sinusitis, are being remanded due to the need for additional development including obtaining medical records.

The veteran's claims for increased evaluation and TDIU were denied by the Board.

The Board has reopened the veteran's claims for service connection for arthritis of the knees and lumbosacral strain, finding that new and material evidence has been submitted. The Board also found that these conditions are related to military service.

The Board has determined that there is no current evidence of left knee, right knee, or right hip disabilities. The veteran's claimed paraplegia was not shown during service and the medical evidence does not establish a nexus between his current condition and military service. Service connection for a left hand disability is granted.

The veteran's service-connected knee disabilities have been rated as noncompensably disabling since February 2, 2004. The Board finds no evidence of compensable disability for bilateral hearing loss or knee disabilities.

The Board has determined that the veteran's current bilateral knee disability is service-connected, as it is linked to his military service and documented in the medical records.

The Board found that the veteran's right knee disorder was not incurred in or related to service, and denied his claim.

The Board has granted service connection for the veteran's right knee disorder, finding that it is likely related to his active military service.

The Board denied reopening the veteran's claims for service connection for a laminectomy of L4-5 and L5-S1, as well as chronic depression secondary to his right knee disability. The claim for increased ratings for chondromalacia patella and degenerative joint disease of the right knee was also denied.

The veteran's claim for a TDIU is denied as there is no legal basis for an earlier effective date. The January 2002 rating decision denying the TDIU is not subject to review due to lack of error being alleged or developed.

The Board has determined that the evidence received since the April 1988 denial is not new and material, thus failing to meet the criteria for reopening the claim for service connection for left knee disability.

The Board found that there is no evidence of any in-service injury or disease related to the veteran's knees, and thus denied service connection for chronic right and left knee disabilities.

The Board has remanded the case for further development, including obtaining updated VA and private treatment records, scheduling a VA joints examination, and readjudicating the increased rating claims on appeal.