Knee decisions — 2009

The Veteran's claim for service connection for residuals of left knee surgery was granted, with the Board finding that his current left knee disability is related to in-service surgery. The claim for lung cancer was denied as new and material evidence had not been received.

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

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found no current right knee disorder and denied the Veteran's claim for service connection. The issue of an increased rating for lumbosacral strain with residuals on the right side was also addressed, but as this matter is being remanded, it will be considered in a separate decision.

The Veteran's right knee disability, even with consideration of arthritis, does not meet the criteria for a higher rating than 10 percent.

The Veteran's DJD of the right knee was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein. The Board finds that there is no evidence linking his current DJD to a fall in 1965 or any other event during service.

The Board found that the Veteran's left knee chondromalacia patella and bilateral lower extremity varicose veins do not warrant a higher disability rating under applicable VA regulations. The current ratings are considered appropriate.

The Veteran's service-connected chronic left knee strain is not manifested by any functional impairment warranting a compensable evaluation.

The Veteran's appeal involves multiple issues related to his service-connected right knee and right little finger disabilities, including requests for increased ratings and a TDIU. The case is being remanded due to the need to obtain Social Security Administration records, vocational rehabilitation folder, and address an earlier effective date issue.

The Veteran's PTSD has been granted ratings in excess of 10 percent prior to January 6, 1998, from January 6, 1998 to December 28, 1998, and from December 28, 1998 to November 2, 2001. The Veteran's residual scars have been granted a rating of 70 percent. Service connection for residuals of left chest lipoma has not been established.

The Board has determined that the Veteran's claimed disabilities are not related to his active service and have denied all claims for service connection.

The Board found that the evidence did not establish clear and unmistakable error in granting service connection for traumatic arthritis of the right knee, and therefore denied severance. The Veteran's right knee disability was rated at 10 percent based on painful or limited motion due to traumatic arthritis.

The Veteran's claims for increased ratings for his service-connected knee conditions were denied by the RO. The Board found that the evidence did not support a higher rating based on the severity of the Veteran's symptoms and functional impairment.

The Veteran's combined evaluation for service-connected disabilities is 80 percent from June 20, 2000 to June 10, 2004, and 90 percent from June 11, 2004. The criteria for assignment of an increased combined evaluation are not met.

The Board found no evidence of a current left knee disability and denied the Veteran's claim for service connection.

The Board has remanded the claims for additional development due to incomplete verification of service and outstanding STRs.

The Veteran's left knee disability, post-meniscectomy and patellectomy residuals of an injury, is rated at 20 percent based on limitation of motion. The appeal for a higher rating has been denied.

The Veteran's right knee degenerative joint disease is as likely as not caused by his service-connected left knee, ankle, and foot disabilities. Service connection for the right knee disability is granted.

The Veteran's claims for increased initial ratings for right and left knee disabilities are being remanded due to the need for a new examination.

The Veteran's hypertension is granted service connection, and the Board also remanded for further examination of his low back, right hand, and right knee disabilities. Service connection was not granted for PTSD.