Knee decisions — 2009

The Board has determined that the Veteran's right knee disability warrants a rating of 10 percent, effective from the date of claim. The lower back disability is not service-connected.

The Board has determined that the Veteran's current right knee disability, including status post right ACL reconstruction with scar and mild degenerative joint disease (DJD), is related to his in-service right knee strain or sprain injury. The decision grants service connection for this condition.

The Board has determined that the Veteran's service connection claim for thoracolumbar strain is granted. The claims for bilateral shoulder disability and right knee disability are being remanded to the RO.

The Veteran is seeking a TDIU based on his service-connected disabilities. The RO has remanded the case for additional development, including obtaining medical records from Social Security Administration and arranging for an examination to assess the impact of his service-connected conditions on his employability.

The Board has remanded the case due to inadequate reasons and bases regarding the potential application of an extraschedular evaluation under 38 C.F.R. § 3.321, and because there is no recent medical evidence of record.

The Board has denied the Veteran's petition to reopen his claim for service connection for a left knee disorder, finding that no new and material evidence was submitted since the October 2000 rating decision.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's current left knee disorder is related to service or his service-connected right knee disability.

The Veteran's left knee disability, characterized by a fracture and arthritis with chondromalacia, is currently rated at 20 percent under the criteria for recurrent subluxation or lateral instability. The appeal has been denied as his condition does not warrant a higher rating.

The Board has determined that the Veteran's left knee disability does not warrant a rating in excess of 30 percent, as there is no showing of severe painful motion or weakness.

The Veteran's right knee degenerative joint disease, status post arthrotomy and meniscectomy was manifested by frequent episodes of pain and effusion into the joint. The Board granted a 20 percent rating for this condition from March 29, 2004, to September 1, 2008.

The Board found that the Veteran's death was not caused by any service-connected disability, and thus denied the claim for service connection for the cause of death.

The Board denied service connection for pes planus, coronary artery disease, hypertension, gout, degenerative joint disease of the lumbar spine, and degenerative joint disease of both knees. The Veteran's claims were not reopened due to lack of new and material evidence.

The Board denied the Veteran's claim for service connection for left knee tendonitis and granted a 10 percent rating for her hearing loss in the left ear, effective March 26, 1998.

The Board has determined that service connection is granted for residuals of umbilical hernia repair, as the Veteran had a pre-existing condition at entry into service and there is no clear and unmistakable evidence to rebut this presumption. The other two issues regarding right ankle and knee injuries are denied.

The Board finds that the Veteran has a right knee disability and granted service connection for it. The Veteran's chronic fatigue syndrome claim was denied as there is no evidence of an undiagnosed illness due to active duty in the Persian Gulf War.

The Board has denied the Veteran's claims for service connection for hypertension and a left knee disorder. The claim for reopening of a previously denied claim for lumbosacral strain was also denied.

The Board found that the Veteran's left leg/knee disorder was not incurred or aggravated during military service and denied his claim.

The Veteran's claimed bilateral knee and back disabilities were not shown to be related to service. The Board found no evidence of chronicity or continuity of symptomatology after service.

The Veteran is seeking an increased evaluation for her service-connected left knee disorder, which was initially rated at 10 percent. The current evaluation of 10 percent has been assigned since November 1, 2006.

The Veteran's headaches have not resulted in very frequent completely prostrating and prolonged attacks, preventing him from holding down employment. His service-connected disabilities do not meet the criteria for a TDIU due to his ability to work in security.