Knee decisions — 2009

The Board found that the Veteran's current right leg and lumbar spine conditions are not related to his active duty service.

The Veteran's right knee disability, characterized by severe instability and arthritis with painful motion, is currently rated at 30 percent under the General Rating Formula for Diseases and Injuries of the Knee. The claimant has been granted a separate 10 percent evaluation for non-compensable limitation of motion due to arthritis, and another 10 percent evaluation for right knee scarring.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable rating in most cases, except for left lower extremity paresthesia which met the criteria for a separate 10 percent evaluation.

The Veteran's service-connected disabilities render him unable to care for daily personal needs without regular assistance from others or to protect himself from the hazards and dangers of his daily environment, meeting the criteria for special monthly compensation based on aid and attendance.

The Veteran's appeal is remanded due to the need for a new examination to assess his right knee disability, which may affect his current rating.

The Veteran's appeal is being remanded for a more contemporaneous VA examination to assess the current severity of his service-connected right knee injury, status post anterior cruciate ligament reconstruction and meniscectomies. The RO should also give the Veteran opportunity to submit any additional pertinent evidence.

The Veteran's appeal is being remanded for additional development of his VA treatment records, specifically those related to an MRI performed in October 2009. The issues of entitlement to an initial evaluation in excess of 10 percent for left knee condition and entitlement to service connection for a right knee condition are pending.

The Veteran's death was not service-connected, and he did not meet the duration requirements for a total disability rating.

The Board has granted service connection for tinnitus. The claims of service connection for low back and left knee disabilities have been reopened, but the evidence is insufficient to make a decision on the merits at this time.

The Board found no competent medical evidence linking the Veteran's current left and right knee disabilities to his service, thus denying service connection for both knees.

The Veteran's claim for service connection for hearing loss, left knee and ankle disabilities, low back disability, neck disability, right wrist disability, and migraine headaches was denied. The appeal is also denied regarding the TDIU claim.

The Veteran's appeal is being remanded to the RO for scheduling a personal hearing before a Veterans Law Judge at the RO in Waco, Texas. The case will be returned to the Board after the hearing.

The Veteran's claims for service connection for right and left knee disorders are being remanded due to the need for additional development, including obtaining his service treatment records from June 1987 to June 1990.

The Board has determined that the Veteran's current low back and right knee disabilities are not related to his service, including any complaints noted during service. Therefore, service connection for these conditions is denied.

The Board found no evidence to support the Veteran's claim that his current right knee disability is related to his military service, thus denying the claim.

The Veteran's left knee disability is not considered to be caused by VA care, treatment, or examination. The Board finds that the failure to order an MRI did not result in additional disability.

The Veteran's claim for service connection for hepatitis B was denied in July 1993. The Board found no new and material evidence to reopen the claim. The Veteran's left knee disability is rated at 30 percent under DC 5260, which rates limitation of flexion. A higher rating for limitation of flexion is not available. No extraschedular consideration was warranted.

The Veteran's claims for service connection have been denied as the evidence does not support a finding that his claimed conditions are related to his active duty or to any service-connected disabilities.

The Veteran's claims for increased disability evaluations for postoperative traumatic arthritis of the right and left knees were denied as there is no evidence showing that his conditions have warranted a higher evaluation based on current symptomatology.

The Board has granted service connection for bilateral knee pain and leg cramps due to an undiagnosed illness during service in the Southwest Asia Theater of Operations. The upper respiratory disability (rhinitis), TMJ, and headaches are not considered related to service.