Knee decisions — 2009

The Veteran's right knee disability is currently rated at 30 percent, effective December 1, 2006. The Board finds that the evidence does not support a higher rating.

The Veteran's service-connected osteoarthritis of the right knee was evaluated as 10 percent disabling from March 17, 2006 to August 25, 2006. From August 25, 2006 until October 15, 2006, he was granted a 40 percent evaluation for limitation of motion due to osteoarthritis of the right knee. Beginning October 16, 2006, his disability remained at 10 percent. From October 16, 2006 until February 20, 2007, he was granted a separate 20 percent evaluation for lateral instability of the right knee.

The Veteran's migraine headaches are rated at 30 percent, and his bilateral DJD of the knees is not separately rated as there is no evidence of a separate service-connected condition. The effective date for this rating decision is not specified.

The Veteran's claims for increased ratings for his right and left knee disabilities, as well as a compensable rating for the surgical scar on his right knee, were denied. The Veteran's service-connected conditions are evaluated based on their direct effects without any presumption or secondary linkage to other conditions.

The Veteran's appeal is being remanded to obtain additional VA and private treatment records related to his bilateral knee, shoulder, elbow, and ankle disorders. The case will be readjudicated after these records are obtained.

The Veteran's claims for increased ratings for his service-connected knee disabilities are being remanded due to the need for additional examination and consideration of newly obtained evidence.

The Board has granted increased ratings to 20% for right and left knee instability since April 25, 2003, but denied any increase in the disability ratings for right and left knee arthritis.

The Board denied the Veteran's claims for service connection for gastrointestinal and right knee disorders due to undiagnosed illnesses on a direct basis, finding no evidence of such conditions during or related to his active duty.

The Board denied the Veteran's claim for service connection for a left knee disability, finding that there was no evidence of an in-service injury or disease and that any current condition is not related to service.

The Board has determined that the appellant's current bilateral knee disability, diagnosed as traumatic arthritis, is attributable to service and grants service connection for this condition.

The Veteran's colon diverticulitis was not present during service and is not etiologically related to service or a service-connected disability.,Service connection for a nervous disorder was denied in July 1997. The evidence received since then does not provide new and material evidence to reopen the claim.,Left knee disorder was not present during service or within one year of discharge, and is not etiologically related to service or a service-connected disability.,Lumbar spine disorder was not present during service or within one year of discharge, and is not etiologically related to service or a service-connected disability.,Residuals of a shell fragment wound to the left ankle are manifested by mild degenerative changes and a scar that measures 8 centimeters (cms) by 1 millimeter (mms). The scar does not cause limitation of motion, muscle involvement, or other disabling effects. A rating in excess of 10 percent is denied.,The Veteran's service-connected schistosomiasis is asymptomatic and therefore does not warrant a compensable rating.,The Veteran suffers no residual disability due to his service-connected rectal polyps.

The Board has granted a 20 percent rating for the Veteran's degenerative arthritis of the right knee from January 29, 2002 to April 27, 2006. The Veteran's residuals of a right knee medial meniscectomy with mild medial compartment and patellofemoral chondritis are not productive of subluxation or more than slight instability.

The Veteran's service-connected degenerative joint disease of the right and left knees is currently rated at 10 percent, but does not meet the criteria for a higher rating based on limitation of motion or other factors.

The Veteran's left knee disorder and left upper extremity median nerve neuropathy were not incurred in or aggravated by active military service, are not proximately due to or the result of a service-connected disease or injury, and may not be presumed to have been incurred in service.

The Veteran's claim for an increased initial evaluation for her right knee condition is being remanded due to the need for additional development of her VA treatment records.

The Veteran's appeal involves multiple issues related to service connection and increased ratings for various conditions, including diabetes mellitus, arthritis of the knees, and peripheral neuropathy. The case is being remanded due to scheduling a hearing.

The Veteran's claim for a higher rating for his lumbar spine disability was granted, with the effective date being November 17, 2008. The claims for increased ratings of his left and right knee disabilities were not addressed in this decision.

The Board denied the Veteran's claim for an increased rating for his left knee disability, finding that the evidence did not support a higher rating based on limitation of motion or instability.

The Board has determined that the Veteran's claims for an effective date prior to February 10, 2005 for service connection are denied as there is no evidence of a claim being received within one year of discharge from active duty.

The Board has determined that the Veteran's right knee disability does not warrant a rating in excess of 20 percent, as there is no evidence of severe recurrent subluxation or lateral instability.