Knee decisions — 2009

The Veteran's appeal is remanded due to the need for a Central Office hearing before a Veterans Law Judge.

The Board found that the Veteran's above-the-knee amputation of the left lower extremity was not proximately due to or the result of his service-connected residuals of fracture of the left first metatarsal.

The Board found that the Veteran's right knee disorder, including degenerative joint disease, was not incurred in or aggravated by service and is not presumed to have been incurred therein. The Board also concluded that the right knee disorder is not proximately due to or the result of a service-connected left knee disorder.

The Board has denied all service connection claims, finding no evidence of chronic disabilities in service or for many years thereafter. The Veteran's lay statements regarding inservice incidents are not sufficient to establish service connection.

The Board found that the Veteran did not have a right knee disability in service and that it did not manifest within one year of separation. The Board also determined there was no evidence linking the current right knee disability to service or to his left foot disability, which is already service-connected. Therefore, the claim for service connection for a right knee disability secondary to a left foot disability was denied.

The Veteran's cervical spine disability was granted a rating of 10 percent effective June 2002, and increased to 20 percent effective September 5, 2006.,The Veteran's low back disability was initially rated at 10 percent in June 2002. As of September 5, 2006, the rating was increased to 20 percent.,The Veteran's right knee disability was granted a separate 10 percent rating for painful flexion effective June 1, 2002.,The Veteran's left shoulder disability was initially rated at 10 percent in June 2002. As of June 1, 2002, the Veteran received a separate 10 percent rating based on painful flexion.

The Board has reopened the Veteran's claim for service connection for a right knee disorder due to new and material evidence. However, the claim remains denied as there is no evidence linking the current right knee disorder to service or a service-connected condition.

The Board has determined that the Veteran's residuals of a right knee injury sustained during active service are service-connected.

The Board found that the evidence submitted since the June 2002 rating decision does not raise a reasonable possibility of substantiating the claim of entitlement to service connection for residuals of a left knee fracture.

The Veteran's claims for increased ratings for his left knee and low back disabilities were denied, while service connection was granted for the left knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his left knee disability. The Board will also consider whether he is unemployable due to his service-connected disabilities.

The Veteran's service-connected left hip and left knee disabilities are currently rated at the maximum allowed under VA regulations.,He is not entitled to a higher rating for his hip or knee conditions.

The Veteran's PTSD is rated at 30 percent, and the Board finds that his arthritis of the knees and right shoulder disorder are service-connected based on direct evidence.

The Veteran's service-connected left knee and ankle disabilities are currently rated at 10 percent each. The Board has determined that the evidence does not support a higher rating for either disability.

Service connection is denied for all claimed conditions as the competent evidence does not establish a link between any current disabilities and service or any presumptive period.

The Veteran's claim for increased ratings for his service-connected right knee disorder and bilateral leg phlebitis was denied. The Board found that the evidence did not support a compensable evaluation for the right knee or an initial evaluation in excess of 10 percent for the right lower extremity prior to November 28, 2006 and beyond 40 percent thereafter, nor did it support an increased evaluation for the left leg phlebitis.

The Veteran's appeal is being remanded to obtain a VA examination for instability of the right knee, as it was scheduled but not conducted.

The Board has determined that the Veteran's current right knee disability, including his total knee replacement, is not related to service and denied the claim.

The Veteran's claims for increased ratings for his left and right knee disabilities were denied in part, granted in part, and the decision is mixed (some issues granted, some not).

The Board denied the appellant's claims of service connection for arthritis of the right knee and hip, as well as his claim for an acquired psychiatric disorder. The Board found that these conditions were not incurred or aggravated by active military service.