Knee decisions — 2009

The Veteran's right knee disability was rated at 30 percent prior to May 12, 2006 and remains rated at 30 percent for the period from July 1, 2007. The appeal is denied as there is no evidence of more than moderate instability or ankylosis.,The Veteran's right knee disability was rated at 60 percent effective July 1, 2007 and remains rated at 60 percent for the period from July 1, 2007. The appeal is denied as there is no evidence of more than severe weakness or pain that would warrant a higher rating.

The Board has determined that the Veteran's current bilateral knee disability was not incurred in or aggravated by active service and therefore denied his claim for service connection.

The Veteran's claims for increased ratings for tinea cruris and left knee disability are being remanded to allow for additional examinations and consideration of the evidence.

The Veteran's claim for an increased rating for post-operative left knee strain with degenerative joint disease was granted, and he is now rated at 20 percent effective December 10, 2008.

The Veteran's claim for an increased rating for his service-connected right knee disability is being remanded due to the need to consider whether a separate rating is warranted for right knee instability.

The Veteran's pension claim is granted as he meets the requirements for non-service-connected pension due to his severe back impairment, which has been determined by SSA to be disabling.

The Veteran's claims for an increased rating for left knee disability and service connection for a right hip disorder were denied. The Board found that the current 10 percent evaluation adequately reflects his symptoms, including pain on ranges of motion and slight limitation of flexion.

The Board denied service connection for keratoconus, residuals of a right little finger injury, and a right knee disability claimed secondary to the left knee. The evidence did not support a finding that these conditions were incurred in or aggravated by active military service.

The Board has determined that the Veteran's left knee disorder and eye disorder are not related to his service, and thus denied both claims.

The Board denied the Veteran's appeal regarding service connection for PTSD and denied his request for a higher initial rating for his left knee disability. The Veteran was previously granted service connection for the left knee disability, but the RO has not assigned any effective date for this decision.

The Board has restored service connection for left knee, left hip, and lumbar spine disabilities due to the VA examiner's opinion that these conditions are not related to the Veteran's service-connected left ankle disability. The claim for psychiatric disability was reopened based on new evidence suggesting a possible relationship between the Veteran's psychiatric condition and his service-connected disabilities.

The Veteran's lumbar spine disability is rated at 20 percent, effective August 5, 2005. The right knee disability remains at a 10 percent rating throughout the appeal period. Service connection for cervical spine disability was granted but not assigned an effective date.

The Board has granted the initial evaluations of 10 percent for the right and left knee subluxation disabilities, effective from the date service connection was granted. Service connection for a psychiatric disorder (PTSD) is also granted.

The Veteran's appeal is remanded for additional development, including obtaining medical records and providing VCAA notice.

The Board denied service connection for residuals, puncture wound of the right foot, left ankle sprain, and right knee disorder as there is no current evidence of these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the current severity of her right knee disability.

The Veteran's right knee disability is rated at 10 percent, and his claim for a higher rating is denied. His respiratory disorder was not incurred or aggravated during active duty.

The Veteran's claims for higher ratings for his right knee conditions were denied as the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's claim for an earlier effective date for service connection of right knee laxity with patellar tendonitis is denied as there was no prior claim filed before July 30, 2007.

The Board has determined that the Veteran's respiratory disability, claimed as asthma, was incurred during service. The Board also found that the Veteran's lateral meniscal tear of the left knee warrants a higher rating.