Knee decisions — 2009

The Veteran's left knee degenerative joint disease with meniscal tears is not manifested by flexion limited to 30 degrees or extension limited to 15 degrees, and clinical findings compatible with slight recurrent subluxation or lateral instability are not demonstrated. Therefore, the claim for an evaluation in excess of 10 percent for this condition has been denied.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board denied the Veteran's claims for service connection for a left knee disability and a back disability, finding that new evidence did not reopen his previously denied claim for a back disability. The Board also found that the Veteran's current left knee disability was not caused by or aggravated by his service-connected right knee disability.

The Board has determined that the Veteran's left knee injury did not occur during service and is not related to her service. The right shoulder condition, which was pre-existing, was not aggravated by service.

The Veteran's claim for an increased rating for his left knee disability was denied by the RO, as it did not meet the criteria for a higher rating under Diagnostic Code 5260.

The Board denied the Veteran's claims for increased evaluations for his service-connected left shoulder and left knee disabilities, finding that they were not related to active duty service.

The Board denied reopening the Veteran's claims for service connection for a left knee ligament damage disability, shortness of breath and difficulty breathing, and insomnia due to lack of new and material evidence. The Veteran's pre-existing conditions were not shown to be aggravated by military service.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as service connection for hypertension, were denied by the Board. The evidence did not support higher ratings based on the severity of his knee conditions or hypertension.

The Veteran's patellofemoral syndrome of the right and left knees is granted with a 10% rating.

The Veteran's service-connected left knee disorder is currently rated at 10 percent, effective December 4, 2002. The Board finds that the evidence does not support an increased rating for any portion of the appeal period.

The Veteran's claim for service connection for hepatitis C was denied, and his claim for a rating in excess of 30 percent for residuals of an injury to the left hip and left knee was also denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and Social Security Administration (SSA) records. He also needs to be scheduled for examinations to assess the severity of his service-connected low back disability, bilateral chondromalacia patella, and GERD.

The Veteran's service-connected osteoarthritis, left knee, is characterized by subjective complaints of pain and slight limitation of motion. The Veteran's service-connected status post rotator cuff tear with tendonitis, left shoulder, was characterized by a slight decrease in active and passive range of motion, accompanied by pain. The RO granted the initial compensable evaluation for osteoarthritis, left knee, but denied an increased rating for status post rotator cuff tear with tendonitis, left shoulder.

The Board finds that the Veteran's cervical spondylosis had its onset during active service and grants service connection for this condition. The Veteran's other service-connected knee and back disabilities are rated in excess of 10 percent.

The Board has determined that the Veteran's claims for service connection for internal derangement of the right knee and bilateral hearing loss were denied as there was no evidence to support these conditions being incurred in or aggravated by service.

The Veteran's appeal for increased ratings on several service-connected conditions was dismissed due to his withdrawal of the claim for a higher rating for right knee strain.

The Veteran's service-connected degenerative joint disease of the right knee results in motion no more limited than from 0 degrees of extension to 100 degrees of flexion, without pain over that range of motion. The criteria for an evaluation higher than 10 percent disabling have not been met.

The Veteran's claims for increased evaluations were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of the current disability ratings.

The Board has determined that the Veteran's claimed left elbow, knee, and ankle disorders did not manifest during service or for many years thereafter. The evidence does not support a finding of in-service injury or disease resulting in chronic disability or persistent symptoms.

The Board has determined that the Veteran's claims for earlier effective dates for service connection are denied as there is no evidence of a claim prior to January 14, 2005.