Knee decisions — 2009

The Veteran's claims for reopening service connection for various conditions are being remanded due to the need for additional development, including obtaining treatment records and providing VCAA notice.

The Board has determined that the Veteran's left knee instability does not warrant a rating higher than 20 percent, and has found no additional disability for which a separate rating for arthritis could be assigned. The current 20 percent rating is maintained.

The Veteran withdrew his claims for service connection for bilateral knee disability, bilateral ankle disability, sinusitis, and rhinitis prior to the Board's decision.

The Board found that the Veteran's arthritis of the knees and low back strain were not incurred in or aggravated by service, nor may they be presumed to have been so incurred. The current disabilities are deemed unrelated to military service.

The Veteran's left knee disorder is not due to disease or injury incurred in service, and his right knee instability disability does not warrant a rating higher than the current 10 percent.

The Veteran's appeal has been withdrawn for the claims of service connection for malaria, a back condition, a knee condition, a foot condition, and a skin condition. The claim for an initial rating higher than 10 percent for posttraumatic headaches is denied.

The Board has denied the Veteran's claims of service connection for degenerative joint disease of the right knee, a heart disorder, and hypothyroidism. The evidence does not support these claims as they are not related to his military service.

The Veteran withdrew his appeals regarding the reopening of his left knee claim and the rating assigned for his posttraumatic stress disorder.

The Veteran's claims of entitlement to service connection for various knee and spine disorders have been granted. The specific conditions include right knee disorder, bilateral hip disorder, left knee disorder, lumbar spine disorder, and cervical spine disorder.

The Veteran's claim for a disability rating in excess of 10 percent for degenerative changes of the bilateral hands, hips, knees and feet is being remanded due to the need for additional development.

The Veteran's rheumatoid arthritis of the shoulders, knees, and lower back is related to his active duty service.

The Board denied the Veteran's claims for service connection for a low back disability and respiratory disability, both claimed as secondary to his service-connected arthritis of the right ankle and knee. The claim for osteomyelitis was also denied on reopening, but new and material evidence had not been received.

The Veteran's right knee disability, characterized by limited motion and slight laxity, is rated at 10 percent under the rating schedule. The claim for a higher rating was denied.

The Board has remanded the claims of service connection for right knee, asthma, and gout disorders, as well as a higher initial rating for hypertension to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development and consideration.

The Board found that the Veteran's current bilateral knee disorder is not related to his active military service and denied his claim for service connection.

The Board is remanding the case to the RO/AMC for additional development due to conflicting opinions regarding the etiology of the Veteran's bilateral knee and cervical spine disabilities, which may be related to his inservice motor vehicle accident. The Veteran will need to undergo another VA examination.

The Board has determined that the Veteran's upper back or shoulder disability and bilateral knee disorder were not incurred in or aggravated by his military service, and may not be presumed to have been incurred in service. Therefore, these claims for service connection are denied.

The Veteran's right knee disability is manifested by mild degenerative changes and subjective complaints of pain, but not by objective findings of recurrent subluxation, instability, or limitation of motion. The criteria for a rating greater than 10 percent disabling for the right knee disability have not been met.

The Board determined that the Veteran's claim of entitlement to service connection for a right knee disability was not reopened due to lack of new and material evidence.

The Board denied an initial rating in excess of 10 percent for the Veteran's residuals of ACL repair, right knee and deferred adjudication of his entitlement to a total disability rating based on individual unemployability.