Knee decisions — 2008

The Board found that the veteran's left knee disability, rated at 30 percent, did not meet the criteria for a higher rating due to lack of objective evidence of significant loss of motion or instability.

The veteran's right knee disability was granted as secondary to his service-connected left knee disability, effective May 10, 2007.

The veteran's claim of entitlement to service connection for a left leg below the knee amputation was reopened due to new and material evidence submitted since June 1997.

The Board found that the veteran's service-connected conditions did not contribute to his death, and thus denied his claims for cause of death and DIC.

The Board has remanded the case back to the RO for additional development, including obtaining Social Security Administration records and service medical records. The veteran's claims for bilateral hearing loss and bilateral knee arthritis will be reconsidered after this additional development.

The Board denied service connection for allergies, bilateral knee disorder, bilateral hand disorder, and neck disorder due to lack of evidence linking these conditions to service.

The Board has determined that the veteran's current bilateral knee condition was not incurred or aggravated by service, and thus denied his claim for service connection.

The veteran withdrew his appeal of all issues, including entitlement to an increased disability rating for postoperative residuals, lumbar disc disease; entitlement to an increased disability rating for bilateral shin splints; entitlement to a compensable disability rating for left navicular fracture; entitlement to service connection for a right knee disability; and, entitlement to service connection for asthma.

The Board has granted the veteran's claims for service connection for minimal osteoarthritis, right knee with stress fracture and assigned initial ratings of 10 percent prior to April 4, 2005 and 20 percent as of that date.

The veteran's service-connected thoracic spine disability is not rated higher than 40 percent.,The veteran's service-connected left knee disabilities are not rated higher than 10 percent prior to February 3, 2005 and 20 percent from that date.,The veteran's service-connected right knee disabilities are not rated higher than 10 percent prior to February 3, 2005 and 20 percent from that date.,The veteran's degenerative changes with painful motion in both knees do not warrant a rating higher than 10 percent.,The veteran's service-connected right knee injury does not warrant a rating higher than 20 percent prior to February 3, 2005 and 20 percent from that date.,The veteran's degenerative changes with painful motion in both knees do not warrant a rating higher than 10 percent after February 3, 2005.,The veteran's service-connected disabilities alone are not shown to preclude him from obtaining and maintaining substantially gainful employment.

The Board denied the veteran's claims for service connection for right knee, left hip, and back disorders as secondary to his service-connected left knee disability. The VA examiner concluded that the current right knee disorder is not related to his service-connected left knee disability or military service.

The VA denied increased evaluations for the veteran's service-connected knee conditions, including post-operative right medial meniscectomy, post-operative left knee condition, post-traumatic arthritis of the right knee, and degenerative joint disease with limitation of motion, left knee.

The Board finds that the veteran's claim for an earlier effective date for service connection for right knee strain with arthritis is denied as entitlement did not arise until after July 7, 2003.

The Board has determined that the veteran's left knee disability was not caused or aggravated by his service-connected right knee disability, and thus denied the claim for secondary service connection.

The Board has determined that the veteran's claimed conditions, including a back disability, hypertension as secondary to service-connected PTSD, a heart condition as secondary to service-connected PTSD, and a bilateral knee disability, were not incurred in or aggravated by active service. The initial rating for PTSD remains unchanged.

The veteran is seeking increased ratings for his service-connected left and right knee disorders. The VA has ordered further examination to determine the current severity of these conditions.

The Board has found new and material evidence to reopen the claims of service connection for chondromalacia of the knees and bronchial asthma, and these claims are now pending before the RO.

The Board denied increased ratings for chondromalacia of the right and left knees, as the evidence did not show that the veteran's knee disabilities warranted a higher rating based on current symptoms.

The Board found that the veteran was not unemployable due to his service-connected disabilities during the periods when he was not in receipt of a 100% rating, and denied the claim for accrued benefits.

The Board has granted a 10 percent rating for the veteran's service-connected recurrent left knee ganglion cyst, status post excision. The TDIU claim is also granted.