Knee decisions — 2008

The veteran's claim of entitlement to service connection for a right knee disability was denied in March 1973. The evidence submitted since then is not new and material, as it does not relate the current right knee disability to his time in service.

The Board has determined that the veteran's lumbar spine disorder and nerve damage to his knees are not related to service or a service-connected disability.,Therefore, the claims for service connection for these conditions have been denied.

The veteran's PTSD is rated at 100 percent, effective from June 2005. The veteran's bilateral hearing loss and right knee disorder are not service-connected. The veteran was granted a compensable rating for patellofemoral syndrome of the left knee prior to October 29, 2007.

The Board has reopened the veteran's claims for service connection for residuals of a head injury with memory loss and left leg condition. The evidence now shows that these conditions are related to his military service.

The Board has granted service connection for the veteran's right knee condition and respiratory condition, but denied reopening of his claim for patellar tendonitis of the left knee. The effective date remains unchanged.

The Board denied the veteran's claims for service connection for right and left knee disabilities, finding no evidence of current disability or a link to military service.

The Board denied the veteran's claims of entitlement to service connection for a psychiatric disorder, right knee disorder, left hip condition, lumbosacral spine disability, and depression on the basis that new and material evidence was not submitted sufficient to reopen these claims. The veteran's psychiatric disorders were found to have begun many years after service and were not related to his military service.

The veteran's service-connected right and left knee patellofemoral syndromes have been rated at 10 percent each since May 31, 2007.

The Board has determined that the veteran does not have a present bilateral knee or hip disability related to service, and these disabilities are not secondary to a service-connected condition.

The veteran's claims for increased ratings for his service-connected knee disabilities were denied. The RO found that the current evaluations adequately reflected the severity of the veteran's conditions.

The Board found no evidence to support the veteran's claim that his current bilateral knee disorder is related to service, including a 1977 incident where he allegedly injured his left knee during tank training. The VA examinations did not find any connection between the veteran's current condition and his military service.

The Board finds that the veteran has additional disability of right knee enlargement, instability, limitation of motion (including due to weakness), and right thigh atrophy caused by an unforeseen event during VA hospitalization or medical/surgical treatment of right knee arthroplasty in July 2002. The evidence is in relative equipoise on this question.

The Board has granted a separate 10 percent rating for arthritis of the left knee with painful motion, in addition to the previously assigned 30 percent rating for instability. The veteran's disability is currently rated as 40 percent disabling.

The Board denied the veteran's claims for service connection for low back disorder, bilateral knee disorder, bilateral ankle disorder, concussion residuals, and visual impairment. The evidence did not establish a medical nexus between these conditions and active duty.

The Board denied the veteran's claims of service connection for cervical spine, bilateral knee, bilateral ankle, and left foot disabilities due to a lack of evidence linking these conditions to his military service.

The Board has determined that the veteran's vertigo is a result of his active military service and grants service connection for this condition. The issue regarding bilateral knee conditions remains pending as it was not addressed in detail.

The Board has remanded the case to the RO for further action, including scheduling a hearing before the Board.

The Board has determined that the veteran's bilateral torn medial meniscus of the posterior horn of the knees were not incurred in or aggravated by active service, and are not proximately due to or the result of a service connected disease or injury.

The Board denied the veteran's claims for service connection of right knee degenerative joint disease as secondary to his service-connected left knee sprain status post medial meniscus injury with medial collateral tear and an increased rating for residuals of a left knee sprain status post medial meniscus injury with medial collateral tear. The evidence did not support these claims.

The veteran's claims for increased ratings were denied. The VA found that the conditions did not warrant higher ratings based on their current severity.