Knee decisions — 2009

The Veteran's service-connected right hip and knee disabilities are rated at 10 percent each since November 18, 2005. The issue of a 10 percent rating for multiple noncompensable service-connected disabilities is moot.

The Board denied the reopening of claims for right and left knee disabilities, as well as bilateral tinnitus. The Veteran's service connection claims were not supported by new and material evidence.,Service connection was denied for a back disability due to lack of evidence linking it to military service.

The Board denied the Veteran's claims for an effective date earlier than May 25, 2006 for tinnitus service connection and denied his increased rating claims for bilateral hearing loss and knee disabilities.

The Board has determined that the Veteran does not currently suffer from a diagnosed right knee disability and thus, service connection for a right knee condition is denied.

The Veteran's claims for bilateral hearing loss, heart disorder, right foot drop, right and left knee disorders, and right and left hip disorders were denied as these conditions did not develop during active service or are otherwise not related to service.

The Veteran's right knee arthritis is being remanded for further examination and determination of whether it is caused or aggravated by his service-connected right foot disability.

The Veteran's right and left knee disabilities are found to be related to in-service injuries, and service connection is granted.

The Board has determined that the Veteran's bilateral knee and ankle conditions are not related to his active duty service, and therefore denied both claims.

The Board found that the Veteran's PTSD was not incurred in service due to lack of credible supporting evidence for his claimed stressor. The low back and left leg disorders were also not shown to be related to service.

The Veteran's initial ratings for right and left knee disabilities have been granted at separate 10 and 20 percent since May 22, 2009. The Board finds that the current assigned ratings are appropriate.

The Board has granted service connection for the Veteran's left knee disability as secondary to his service-connected low back and right knee conditions.

The Veteran's service-connected scars have been evaluated as non-compensable. The Board found no evidence of deep, unstable, or painful scars that would warrant a compensable rating.

The Veteran's left knee disability was not caused by VA treatment, and the Board found no evidence of negligence or fault on the part of VA. The additional disability is considered coincidental with the treatment.

The Board has determined that the Veteran's current left knee disability is related to his service, and thus grants the claim for service connection.

The Veteran's claims for earlier effective dates for TDIU, Dependents' Educational Assistance benefits, and a 40 percent evaluation for left knee disorder are denied as there is no evidence of unemployability or disability prior to the assigned effective dates.

The Veteran's right knee cartilage replacement for osteochondritis dissecans is rated at 10% and a separate evaluation of 10% has been granted for degenerative joint disease. The initial rating in excess of 10% for the cartilage replacement was denied.

The Board denied the Veteran's claims for restoration of ratings and compensable ratings for his service-connected knee disabilities, as well as an increased rating for migraine headaches.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no evidence of direct or secondary service connection for the left knee disorder, and the skin and right knee disorders do not meet criteria for a higher rating.

The Board has determined that the Veteran does not have a current disability for allergic rhinitis, iliotibial band syndrome of the left knee, or lumbar strain. Therefore, service connection is denied for these conditions.

The Veteran's service-connected disabilities have been evaluated based on the criteria provided. The Board has determined that the preponderance of the evidence is against the claims for increased ratings, and thus the appeals are denied.