Knee decisions — 2009

The Veteran's claim for service connection for a left knee disorder is being remanded due to the need to obtain National Guard medical and personnel records, including line of duty determinations.

The Veteran's claimed conditions were not incurred or aggravated by active service, nor may degenerative joint disease be presumed to have been incurred therein. The Veteran has not provided credible evidence establishing that an event, injury, or disease occurred in service or during an applicable presumptive period for which the claimant qualifies.

The Veteran's claims for increased evaluations of his knee conditions and reopening a claim for fungus of the feet were all denied by the Board.

The Veteran's claims for an initial compensable disability rating for service-connected patellar femoral arthritis, left knee; service connection for a neck condition, to include cervical strain and DJD; and service connection for a back condition, to include dorsal back sprain and DJD are being remanded due to the need for additional development.

The Veteran's left knee condition is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board denied the Veteran's claims for service connection for bilateral pes planus, cervical spine disorder, bilateral wrist and forearm disorder, and jaw disorder (temporomandibular joint disorder). The Veteran's service-connected bilateral knee patellar tendonitis was also not granted a compensable rating.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of his claimed disabilities.

The Veteran's right knee disorder is currently rated at 20 percent, and his left knee strain has been granted service connection as secondary to his service-connected right knee disorder. The Board finds that the evidence supports these determinations.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for additional development of the record, including obtaining updated medical records and scheduling VA examinations.

The Veteran's claims for service connection and initial evaluations of scars, back pain, and right knee/leg disorders were denied as the evidence did not support a finding that these conditions are related to his military service.

The Board found that the award of service connection for degenerative joint disease of the left knee was clearly and unmistakably erroneous due to the Veteran's total left knee replacement, resulting in severance of service connection.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 20 percent, the right knee disability at 20 percent prior to March 5, 2008, and at 40 percent from that date.

The Board found that the Veteran's current left knee disability did not have its onset in service or within one year of separation, and is not otherwise related to his active military service.

The Board denied the Veteran's claims for an effective date prior to March 15, 2005 and for an extension of temporary total disability benefits beyond April 29, 2005 following his right knee surgery.

The Veteran's left total knee replacement has resulted in a current rating of 30 percent, which is the highest schedular rating available under Diagnostic Code 5055. The Board found additional functional loss due to pain during repetitive motion and granted an intermediate rating between 30 and 60 percent based on this finding.

The Board denied the Veteran's claims for increased ratings for his service-connected right knee strain and left hip and knee strain, finding that the evidence did not support a higher rating under the applicable diagnostic codes.

The Board denied the Veteran's claims for service connection of a right hand laceration as secondary to his service-connected left knee disability and denied entitlement to an effective date earlier than March 24, 2006, for the award of a 40 percent rating for his service-connected residuals of left anterior cruciate ligament reconstruction.

The Veteran's right knee disability, including osteoarthritis, is found to be caused or aggravated by his service-connected left knee disability.

The Veteran's appeals for arthritis, sciatica, and seasonal rhinitis were withdrawn prior to the Board making a decision. The appeal for right knee degenerative joint disease and left knee degenerative joint disease is being remanded for additional development.

The Veteran's appeal is being remanded due to the need for additional development of his VA treatment records, including those from March and May 2009 at the VAMC in Richmond, Virginia.