Knee decisions — 2009

The Board has determined that the Veteran's current bilateral knee disability, diagnosed as chondromalacia patella with meniscus tear in the left knee, is related to his military service. The issue of service connection for a bilateral shoulder disability remains pending and will be remanded for further examination.

The Veteran's left knee internal derangement does not result in severe recurrent subluxation or lateral instability, and is not productive of limitation of flexion to 15 degrees or limitation of extension to 20 degrees. Therefore, the claim for an increased rating is denied.

The Board found that the Veteran's current inguinal bulge and hernia on the left side did not manifest during service or is related to an in-service injury. The Board also found that the preponderance of evidence was against a finding that the Veteran's current left knee disability was incurred during service.

The VA denied a rating in excess of 10% for the veteran's right knee injury residuals status post arthrotomy, finding that his disability did not warrant a higher evaluation based on current symptoms and examination findings.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for residuals from a right knee meniscectomy, which is now granted as it is at least as likely as not related to his service-connected left knee disorder.

The Veteran's claims for higher initial ratings for residuals of right hamstring removal for ACL reconstruction of the right knee, laxity of the left knee, ganglion cyst of the left wrist, surgical scars of the right and left upper arms have all been denied.

The Veteran's right and left knee disabilities were rated at 30 percent prior to December 4, 2006. Effective from that date, the RO granted a 60 percent evaluation for each knee disability.

The Veteran's service-connected disabilities, including left knee replacement, bilateral hearing loss, tinnitus, and right knee degenerative joint disease, have rendered him unable to secure or maintain gainful employment. The Board grants a total disability rating based on individual unemployability due to these conditions.

The Veteran's appeal is for increased ratings for service-connected degenerative joint disease of the cervical spine, lumbar spine, and right knee. The RO has granted service connection and assigned a single initial disability rating of 20 percent from March 1, 2004. During the course of the appeal, separate ratings were assigned to each condition. The Veteran's claim for increased ratings remains denied.

The Board has denied the reopening of the appellant's claims for service connection due to lack of new and material evidence.

The Veteran's claims for increased disability ratings for his right knee injuries are being remanded due to the need for additional medical examination and consideration of all applicable laws and regulations.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss, PTSD, left foot disorder, right foot disorder, right hip disorder, right knee disorder, or right leg disorder for VA purposes. As such, service connection is denied for all claims.

The Veteran's bilateral knee disability and skin disability were not found to be service-connected. The Veteran's PTSD was also denied as it did not meet the criteria for a higher initial rating.

The Board found that the October 2002 administrative decision, which determined that the appellant's bad conduct discharge did not constitute a bar to VA benefits, was not clearly and unmistakably erroneous. The RO had considered all relevant facts at the time of the decision.

The Board has determined that further development is needed to determine the etiology of the Veteran's claimed disabilities and their relationship to his service, including verification of dates of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA).

The Veteran's service-connected left knee strain has been manifested by pain, slight noncompensable limitation of flexion, slight instability, and mild disuse atrophy. The preponderance of the competent evidence is against a finding of arthritis, ankylosis, limitation of extension, or more than slight instability or subluxation.

The Board granted the Veteran's claims for increased ratings for his service-connected residuals of left and right knee injuries, with specific determinations for each period of time.

The Board has determined that the Veteran's low back strain and chondromalacia of the right knee are as likely as not related to service, with reasonable doubt resolved in favor of the claimant.

The Board found no evidence of a left knee disorder related to service or service-connected right knee, and denied the claim for service connection.

The Board finds that the Veteran's bilateral knee disability is not related to his active service or secondary to his service-connected diabetes mellitus, and therefore denies the claim.