Knee decisions — 2009

The Board found no evidence of a chronic left knee disorder, bilateral hearing loss, or tinnitus during service or within one year post-service. The Veteran's claims for these conditions are therefore denied.

The Board denied the Veteran's claims of service connection for a cervical spine disorder, found new and material evidence not sufficient to reopen the claim for right knee disorder, and denied increased rating claims for his left knee disabilities.

The Board has reopened the Veteran's claim for service connection for a left knee disability and remanded the merits of the claim for additional development.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral shoulder disorder and denied her claim for service connection.

The Veteran's claims for service connection for a back disorder and right knee disorder, including as secondary to his service-connected left knee condition, are denied. The claim for an acquired psychiatric disorder is also denied.

The Board has denied the appellant's claims of service connection for arthritis of the knees and bone spurs of the elbows, finding that there is no evidence linking these conditions to his military service.

The Veteran's right knee disorder was rated at 10 percent prior to August 23, 2004 and increased to 20 percent effective October 1, 2004. The claim for an evaluation in excess of these ratings is denied.

The Veteran's meniscectomy of the left knee, osteoarthritis of the left knee, arthroscopic surgery of the right knee, and osteoarthritis of the right knee have been rated at 10 percent each. The Board has determined that a higher rating is warranted for the left knee conditions due to frequent episodes of locking, pain, effusion into the joint, and slight instability.

The Veteran's left knee disability, characterized by arthritis and ACL deficiency, was found to be limited to a noncompensable rating from November 22, 2002 through May 17, 2004.

The Board found that the Veteran's right knee condition was not incurred in or as a result of his active duty service and denied the claim.

The Veteran's service-connected knee disabilities have been rated at 20 percent each, and the Board has determined that these ratings are not warranted for higher evaluations.

The Veteran's right thigh shell fragment wound with retained foreign bodies and multiple scars is rated at 10 percent disabling. The Board granted his claim for SMC based on the need for regular aid and attendance.

The Veteran's left knee disorder is currently rated at 20 percent, effective May 16, 2002. The Board found that the condition warranted a higher rating due to limitation of flexion and pain.

The Board has ordered further development due to the need for verification of the Veteran's reserve service and drill pay records, as well as compliance with VCAA notification requirements.

The Veteran's appeal was denied as the evidence did not meet the criteria for a rating in excess of 10 percent for tricompartmental osteoarthritis of the right knee prior to November 7, 2007 and a rating in excess of 30 percent for status/post-total right knee arthroplasty since January 1, 2009.

The Board denied service connection for bilateral knee disability as there was no medical evidence linking the current condition to service, including alleged in-service knee problems.

The Veteran's appeal for an increased rating for total left knee arthroplasty was dismissed due to his death while the appeal was pending.

The Board has reopened the Veteran's claim for service connection for a left knee disability and granted service connection based on evidence showing that his current condition is related to an in-service injury.

The Veteran's claim for service connection for PTSD was granted, and his right knee injury was rated at 10 percent effective from November 13, 2002.

The Veteran's service-connected postoperative medial meniscal tear of the left and right knees with degenerative changes are currently rated at 10 percent each, but do not meet the criteria for a higher rating based on limitation of motion or other factors.