Knee decisions — 2009

The Board has ordered additional development to obtain missing VA treatment records and a neurological examination for the Veteran's dizziness and related conditions. The claims will be reconsidered after these actions.

The Veteran's need for aid and attendance or being housebound is not due to his service-connected conditions, as the need is attributed to a stroke unrelated to his service-connected PTSD, left knee disabilities, and residuals of left mandible fracture. As such, he does not meet the criteria for special monthly compensation based on these needs.

The Veteran's claims for increased disability rating, service connection, and special monthly compensation are being remanded due to the need for further development.

The Board has granted the Veteran's claims to reopen his service connection claims for bilateral knee and hip disorders, finding that new and material evidence has been submitted. The Board also found that these conditions are not related to his service-connected right ankle disorder.

The Veteran's right knee disability, characterized as chronic patellofemoral syndrome, has been rated at 10 percent since December 2002. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran does not have any of the claimed conditions as a result of his service. His claims for service connection are denied.

The Board found that the Veteran's current left knee DJD with residual scars is not related to his service and denied his claim for service connection.

The Veteran's claims for increased ratings have been denied. The scar of the right knee is not painful and does not meet the criteria for a higher rating. The degenerative disc disease of the cervical spine has not resulted in ankylosis or severe intervertebral disc syndrome, which would warrant a higher rating. The residuals of post-traumatic arthritis of the right knee with history of right medial meniscectomy have been rated as 30 percent disabling since November 1, 2003.

The Board denied an increased disability rating for the Veteran's service-connected lumbar spine disability and bilateral knee disabilities. The Veteran appealed these decisions, but the Court vacated them due to deficiencies in the Board's analysis.

The Veteran's service-connected lumbosacral strain with degenerative disc disease and degenerative joint disease is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Codes 5237-5243. The other conditions have their respective current ratings.

The Veteran's chronic right and left knee arthritis, as well as his chronic right and left ankle arthritis, were all found to have originated during active service.

The Board found that the Veteran's bilateral knee disability did not originate in service or until years after service, and is not otherwise related to service. As a result, the claim for service connection was denied.

The Veteran's increased ratings for knee disabilities have been granted, with the effective date being July 14, 2009.

The Veteran's left knee disability is currently rated at 40 percent combined, and the Board finds no evidence to warrant a higher rating.

The Veteran's claims for service connection are being remanded due to inadequate medical opinions and the need to verify a claimed stressor.

The Veteran's left knee, left elbow, and right elbow disabilities have been rated at the maximum available rating of 10 percent each. The appeal is denied as there are no additional issues to grant.

The Veteran's service connection claims for left shoulder pain, degenerative joint disease of the bilateral hips, and left knee pain have been granted. The claim for residuals of right ankle sprains, bilateral hearing loss, and tinnitus is dismissed due to withdrawal by the Veteran.

The Veteran's claims for service connection for residuals of a left knee injury and an acquired psychiatric disorder (depression) have been denied as there is no current diagnosis or evidence linking these conditions to his military service.

The Veteran's right knee instability and degenerative joint disease have been rated at the maximum available under the applicable rating criteria. The Board finds no basis to grant an increased evaluation for either condition.

The Board has determined that the Veteran's tinnitus and knee disability were not incurred or aggravated during service, and thus denied his claims for service connection.