Knee decisions — 2009

The Veteran's claims for service connection for fibromyalgia, mycoplasma infection, right and left knee disorders, as well as increased ratings for carpal tunnel syndrome of the right and left wrists have all been granted.

The Veteran's appeal is remanded due to the need for additional evidence and a VA examination regarding his left knee disability. The case will be returned to the Board if further action is required.

The Board found that the Veteran's right knee chondromalacia did not meet or approximate the criteria for a higher disability rating, as it did not show ankylosis, severe recurrent subluxation or lateral instability, flexion limited to 15 degrees, extension limited to 20 degrees, or impairment of the tibia and fibula with marked knee or ankle disability.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining medical opinions regarding the etiology of his claimed disabilities.

The Board denied the Veteran's claims for service connection for a left knee disorder and an acquired psychiatric disorder, finding that new evidence did not raise a reasonable possibility of substantiating the claims, and that there was no direct or secondary service connection based on the evidence of record.

The Veteran's PTSD and right knee disability are currently rated at 50% and 10%, respectively, and the Board finds that neither condition warrants a higher rating based on the evidence of record.

The Veteran's claim for a higher initial rating for degenerative changes in her right knee is being remanded due to the need for additional development, including a more recent VA examination and consideration of any work-related limitations.

The Veteran's claims for service connection for PTSD, anxiety, depression, a heart disorder, hypertension, and bilateral knee disorder are all denied as there is no evidence of in-service injury or disease that would support these conditions.

The Veteran's hypertension is not rated as compensable.,There is no evidence of a current right knee disability.,There is no evidence of a current right shoulder disability.,There is no evidence of a current right lung disability.,There is no evidence of a current cervical spine disability.,There is no evidence of a current thoracic spine disability.,The Veteran's hearing loss does not meet the criteria for service connection.,There is no evidence of residuals of burst left ear drum other than hearing loss.,PTSD was not incurred in or aggravated by service.,Tinnitus was not incurred in or aggravated by service.,A missing partial spinal cord and congenital tethered cord syndrome were not incurred in service.

The Veteran's claims for service connection for a bilateral knee disorder and respiratory disorder, as well as an initial compensable evaluation for bilateral hearing loss, were denied. The Board found no current diagnosed conditions related to the Veteran's military service.

The Board denied the Veteran's claims for service connection for a right ankle disability and left knee degenerative joint disease, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim. The Board also found that there was no medical evidence linking the left knee disability to military service.

The Board has determined that the Veteran's right knee disorder was incurred during active service and is granted service connection.

The Veteran's claims for increased disability ratings for his service-connected right and left knee disabilities, as well as his claim for TDIU, are being remanded due to the need for additional development.

The Veteran's claims for increased ratings for his lumbar spine disorder and left knee disorder were granted, with a rating of 60 percent for the back. The claim for TDIU prior to August 1, 2002 was also granted.

The Veteran's bilateral knee condition, to include arthritis, has been granted service connection. The claim for an increased rating for gout prior to February 27, 2008 is granted and the current rating of 60% is maintained from that date.

The Veteran's left and right knee disorders are found to be related to service, but his claimed left upper leg disorder is not.

The Board found that the Veteran's right knee strain is not related to his service or any service-connected conditions, and thus denied the claim for service connection.

The Board has determined that the Veteran's service-connected left knee impairment does not warrant a compensable rating for residuals of left knee strain with chondromalacia or an initial rating in excess of 10 percent for limitation of motion due to pain. The evidence shows no significant instability, subluxation, or other functional impairment.

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine, right knee, and left knee are being remanded to allow for a VA examination and further development.

The Veteran's claim for payment of or reimbursement for unauthorized medical expenses incurred as a result of postoperative care for a left total knee replacement during the period from March 12, 2007 to May 5, 2007 is being remanded due to failure to comply with previous Board directives.