Knee decisions — 2009

The Veteran's claims for service connection for right foot and right knee disorders were denied as there is no objective medical evidence showing that the conditions are related to his active service.

The Board has granted service connection for a bilateral foot disability, finding that new and material evidence was received to reopen the claim. The Veteran's current bilateral foot disability is at least as likely as not related to his in-service treatment. Service connection for knee, hip, and low back disabilities are also granted as secondary to the bilateral foot disability.

The Board found that the Veteran's right knee disorder was not incurred in service and is not secondary to his left knee condition. Therefore, service connection for degenerative arthritis of the right knee was denied.

The Veteran's tinea pigmentosa and residual scar due to removal of a cyst from the left knee have been rated appropriately with an initial compensable rating for tinea pigmentosa and a 10 percent rating for the residual scar.

The Board has granted service connection for a right knee strain, finding that the Veteran's current condition is attributable to his active service.

The Veteran's claims for increased evaluations for chronic testicular pain and right knee patellofemoral pain syndrome were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claim for an increased rating for forefoot amputation of the right foot was denied. His TDIU claim is pending and will be readjudicated after a VA examination.

The Board found that the Veteran's hypertension, bilateral foot disability, edema of ankles, knees and hands, and dental condition are not due to or aggravated by his service-connected diabetes mellitus, type II. The claims were denied as secondary service connection is not warranted.

The Veteran's current bilateral knee disability was not incurred in or aggravated during service and may not be presumed to have been incurred in service. The Board denied the claim for service connection.

The Veteran's claims for service connection for a right ankle condition and left ankle condition were denied. The Veteran was granted an initial 20 percent disability rating for lumbar strain myositis but not higher. His claim for an increased rating for his right knee status post meniscal repair and anterior cruciate ligament rupture, with residual pain was denied. Service connection for hepatitis C was also denied. He was denied a compensable rating for bilateral tinnitus and for bilateral, moderate, sensorineural hearing loss.,The Veteran's claims for service connection for a left ankle condition and right shoulder disability were denied. The Veteran was granted an initial 10 percent disability rating for status post repair of rotator cuff and labral tear and impingement syndrome of the right shoulder but not higher. His claim for hepatitis C was also denied. He was denied a compensable rating for bilateral tinnitus and for bilateral, moderate, sensorineural hearing loss.

The Veteran's appeal for TDIU was withdrawn. The claims for increased ratings for left knee disabilities and service connection for various nerve disorders were dismissed due to lack of evidence or legal merit.

The Veteran's right knee disability has been manifested by complaints of pain and functional impairment, but does not meet the criteria for a rating in excess of 10 percent under VA's Rating Schedule. The Board denied his claim as there is no evidence of instability or arthritis that would warrant a higher rating.

The Board has denied service connection for a right shoulder condition, right knee disorder, and right ankle disorder due to the lack of evidence of current disabilities. The Veteran's claims for hernia condition and hearing loss are pending as additional development is required.,Service records indicate possible onset of an umbilical hernia during service, but further medical examination is needed to confirm this potential relationship.

The Veteran's appeal is remanded due to the need for additional development, including obtaining SSA records and VA treatment records, as well as scheduling an orthopedic examination.

The Veteran's left knee disability was rated at 10 percent from February 14, 2002, to August 26, 2003. A separate evaluation of 20 percent for severe meniscal degeneration and effusion in the left knee joint associated with an impaired meniscus is granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the relationship between his claimed conditions and military service.

The Veteran's right knee disability is characterized by arthritis and pain, but he has full range of motion. His diabetes was present within one year of his discharge from service and may be presumed to have been incurred in service.

The Veteran's service-connected status post fracture of the left tibia and fibula with left knee impairment is not manifested by a marked knee disability, thus he is not entitled to an evaluation higher than 20 percent.

The Board denied the Veteran's increased rating claims for his service-connected right knee disabilities, finding that a rating in excess of 20 percent was not warranted prior to April 13, 2000 and that from April 13, 2000, a rating in excess of 10 percent was not warranted.

The Veteran's right knee condition is rated at 10 percent, and his left biceps tendonitis prior to May 27, 2004 was also rated at 10 percent. From May 1, 2007 onwards, the Veteran's post-arthroplasty left biceps tendonitis is rated at 50 percent.