Knee decisions — 2008

The Board has denied the veteran's claims for service connection for right knee, left knee, and back disabilities. The claim for bilateral hearing loss disability was granted.

The Board found that the veteran's left knee and back disabilities pre-existed service, and there is no clear and unmistakable evidence of aggravation during service. Therefore, the claims for service connection were denied.

The Board has granted initial disability ratings of 10 percent for left knee osteoarthritis and right knee osteoarthritis with torn medial meniscus, effective May 26, 2005. A separate 10 percent rating is also granted for instability of the right knee.

The Board denied the veteran's claims for higher initial ratings for his service-connected vocal cord paralysis, DDD of the lumbar spine, and DJD of the right knee. The issues were not addressed in this decision as they are separate from the main appeal.

The Board has granted service connection for tinnitus and a right knee disability, but denied service connection for bilateral hearing loss.

The Board has remanded the case for additional development, including obtaining private medical records and information from SSA.

The VA has determined that the veteran's service-connected left knee condition, post-ACL reconstruction, does not warrant a rating higher than 10 percent.

The Board found that the veteran's service-connected bilateral knee disabilities do not warrant a higher evaluation under any applicable diagnostic codes, and denied his claims for increased evaluations.

The Board has remanded the case for additional development, including a VA examination of the veteran's knees and consideration of whether extraschedular evaluation is warranted.

The veteran's claims for a higher rating for tinnitus and DJD of the left knee and patella have been dismissed due to his withdrawal. The cervical spine claim is being remanded for further evaluation.

The Board has determined that the veteran's service-connected right knee disabilities do not warrant higher disability ratings, as there is no evidence of moderate instability or significant impairment.

The veteran's claims for increased ratings have been denied as the evidence does not support a higher rating for his scar, left ankle limitation of motion, or right knee degenerative joint disease.

The veteran's claims for service connection for degenerative joint disease of the shoulders, lumbar spine, knees, and ankles were denied as these conditions are not shown to be related to his military service. The effective dates for the grants of service connection for PTSD, hearing loss of the right ear, tinnitus, diabetes mellitus, and peripheral neuropathy of all four extremities have also been denied.

The veteran's service connection for right knee disability is granted. His initial rating for PTSD prior to February 14, 2006 remains denied, but he was granted a higher rating of 70% from that date onwards.

The veteran's service-connected right knee injury is currently rated at 10 percent, effective May 13, 2003. Service connection for a stomach disorder and vision disorder (claimed as residuals of an eye injury) was granted.

The Board has denied the veteran's claims for service connection for a right knee disability and left thigh disability, finding no current diagnosis of these conditions.

The Board has determined that the veteran's left knee disability and headaches were not incurred or aggravated by active service, nor may they be presumed to have been so incurred. Therefore, service connection for these conditions is denied.

The Board denied the veteran's claims for increased ratings for his service-connected right shoulder strain, right ankle strain, and left knee disability. The low back disorder claim was not reopened due to lack of new and material evidence. Bilateral hearing loss and skin disorders were also denied.

The veteran's claims for service connection for left knee and hip conditions as secondary to his service-connected right knee and right hip disabilities were denied. The Board found that the medical evidence did not support a relationship between these conditions and either service or a service-connected disability.

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