Knee decisions — 2008

The Board denied the veteran's claims of service connection for rhinitis and sinusitis, as well as his claim for an increased rating for right knee disability. The Board found no evidence of chronic conditions during service or in a presumptive period, and concluded that any current disabilities are not related to service.

The Board denied reopening the claim of service connection for vertigo, and denied an effective date prior to February 12, 1992, for the grant of service connection for residuals of a medial collateral ligament strain of the left knee. The rating for the left knee was also denied, as was the request for a compensable disability rating for bilateral hearing loss.

The veteran's service-connected left knee disability, including internal derangement and traumatic arthritis, was not found to warrant an evaluation in excess of the assigned ratings prior to November 10, 2003. For the period beginning on January 1, 2005, a rating in excess of 30 percent for his service-connected left total knee replacement is denied.

The VA has granted a 10 percent rating for the veteran's right knee arthritis and instability, effective from March 31, 2003.

The Board granted a rating of 20 percent for the veteran's lumbar spine disorder and denied his request for an increased rating for his left knee disorder.

The veteran's DJD of both knees, right knee, and left knee were all rated at 10 percent prior to August 23, 2004. Since then, the right knee was rated at 10 percent for extension limited to 10 degrees, but not more than 15 degrees or flexion limited to 45 degrees. The left knee was also rated at 10 percent for similar reasons. The lumbar spine syndesmophyte with anterolateral bony osteophytosis at L2, L3, L4, and L5 did not meet the criteria for a compensable rating prior to September 26, 2003. Since then, the cervical spine strain with paramedial herniated nucleus pulposus and impingement was rated as noncompensable due to forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees. The post-operative residuals of the right shoulder (major) were also rated at a noncompensable level. Finally, the veteran's bronchitis was rated at a noncompensable level prior to February 21, 2008, and since then, it has been rated as noncompensable.

The Board denied the veteran's claims for increased ratings and service connection, finding no current diagnosed blood disorder or secondary disorders.

The Board denied the veteran's claims for service connection for bilateral knee sprain and an initial rating in excess of 20 percent for lumbosacral strain. The veteran's lumbosacral strain is currently rated at 20 percent under DC 5237, effective April 2003.

The veteran's claims for service connection for right and left knee disorders are granted, with the left knee disorder presumed to have been incurred in service.

The veteran's appeal is remanded due to the need for a new examination to assess the severity of his service-connected left knee disability.

The Board has remanded the veteran's claims for left knee degenerative joint disease and right ear hearing loss to the RO for further development. The erectile dysfunction claim is denied as there is no competent evidence establishing a direct relationship between the condition and service.

The veteran's appeal is being remanded for further evaluation and consideration of his increased disability ratings for service-connected bilateral knee disorders.

The Board has remanded the case for further development due to the need for medical examinations and opinions regarding the veteran's claimed conditions, particularly his lung disability.

The veteran's injuries were not caused by VA hospital care, medical or surgical treatment, or examination. The Board denied compensation under 38 U.S.C.A. § 1151 for left shoulder, left knee, and cervical spine disabilities.

The veteran's right shoulder disability was granted a higher rating of 40 percent, while his right knee and back disabilities were denied increased ratings.,The veteran's lumbar spine condition received an increased rating to 40 percent, but the right knee issue remained at its current 10 percent rating.

The Board granted service connection for upper and lower back disorders, denied a rating in excess of 20 percent for the veteran's right knee disability, and awarded TDIU effective November 12, 1997. The combined disability rating was 70 percent.

The Board has determined that the veteran's knee joint pain is not related to her service in the Southwest Asia Theater of operations during the Persian Gulf War and therefore cannot be presumed due to an undiagnosed illness. As a result, the claim for service connection for knee joint pain as a manifestation of an undiagnosed illness is denied.

The Board found that the veteran's right and left knee disorders preexisted his service, and did not increase in severity during his periods of active service. As such, he is denied service connection for these conditions.

The Board has remanded the case for further examination and opinion regarding whether the veteran's right knee arthritis is secondary to his service-connected left knee, right ankle, or left ankle disabilities.

The Board has granted service connection and a 10 percent evaluation for the veteran's left shoulder disability, back condition, and right knee disability. The rating for the right knee is maintained at 10 percent.