Knee decisions — 2009

The Board has reopened the Veteran's claim of service connection for a bilateral knee disability and remanded the case to the RO for further development, including scheduling VA examinations and issuing a Supplemental Statement of the Case (SSOC). The Veteran's low back disability is also on appeal but not addressed in this decision.

The Board found that the Veteran's left and right knee disorders were not incurred in or aggravated by military service.

The Veteran's appeal is being remanded due to procedural issues and the need for additional evidence. The claim will be reconsidered with all new information added to the record, including medical records from October 2006 and May 2008.

The Board has determined that the Veteran does not have a current low back disorder, right knee disorder, or left knee disorder that is related to his service. The claim for bilateral hearing loss must be denied by operation of law as there are no findings of a right ear hearing disability for VA compensation purposes.,By extending the benefit of doubt, the Board has determined that the Veteran's current left ear sensorineural hearing loss is due to noise exposure during his period of active service.

The Veteran's claims for service connection for residuals of cold injury (frostbite) to his right and left lower extremities, as well as a right knee condition, were denied.,There is no credible evidence linking the Veteran's current conditions to his military service.

The Veteran does not have a right knee disability that is proximately due to or the result of his service-connected sacroiliac strain with degenerative disc disease of L4-L5 and radiculitis to both hips.

The Board found that the Veteran's left and right knee disabilities did not begin during service or are related to any incident of service. The Board also determined that his right knee disability is not proximately due to, the result of, or aggravated by, a service-connected disability.

The Veteran's claims for lumbar degenerative disc disease, neck pain, bilateral hearing loss, and tinnitus were denied. Service connection was granted for a distorted left great toenail with an initial evaluation of 0 percent effective January 2006.

The Board found that the Veteran's right knee disability was not incurred in or aggravated by service, nor did it become manifest within one year of separation from service. The Board also determined that the disability is not proximately due to or the result of his service-connected burn scar of the right leg.

The Board has determined that the Veteran does not have sciatica of the left lower extremity and finds no evidence to support a finding that any current disability is related to service or a service-connected condition. As such, the claim for service connection for sciatica of the left lower extremity is denied.

The Veteran's service-connected right knee muscle injury, post-operative, results in no more than a slight impairment and does not warrant an increased disability rating.

The Board has remanded the case for additional development, including obtaining an opinion on the cumulative effect of the Veteran's service-connected disabilities on his employability.

The Veteran's claims for service connection for osteoarthritis of the lumbar spine and degenerative joint disease of the right knee have been denied as there is no evidence of arthritis or chronic residuals of influenza in service, and any current conditions are not otherwise etiologically related to such service.

The Board has denied the Veteran's claims for service connection for various conditions, finding no evidence of a causal link between these conditions and his military service.

The Board has granted service connection for multiple sclerosis and denied the other issues on appeal. The Veteran is currently diagnosed with multiple sclerosis, which had its onset during his active service.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before the Board of Veterans' Appeals.

The Veteran's initial ratings for right knee degenerative joint disease and varus instability of the right knee were granted at 10%. The rating for migraine headaches remains at zero percent. The rating for left knee degenerative joint disease is denied.

The Veteran's service-connected left knee disability is rated at 10 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board denied the Veteran's claims for service connection for right and left knee disorders, as well as an eye disorder. The claim for bilateral hearing loss was also denied due to lack of new and material evidence. The claim for a back disorder was not reopened.

The Veteran's appeal for increased evaluations for his knee and back conditions was denied. The right knee disorder is currently rated at 30 percent, the left knee disorder at 40 percent, and the low back disorder at 20 percent.