Knee decisions — 2009

The Board denied service connection for residuals of cold exposure and amputation of the right lower extremity below the knee, finding no evidence of such conditions related to military service.

The Board found that DJD of the left knee was not incurred in or aggravated by active service and may not be presumed to have been incurred during active service.

The Board has granted a 50 percent rating for left knee limitation of extension, a 20 percent rating for left knee limitation of flexion, and denied increased ratings for post-operative residuals of left knee meniscectomy with instability and unstable left ankle associated with left knee meniscectomy. The TDIU claim is also granted.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected right and left knee disabilities.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations, particularly regarding his right knee disorder and anxiety disorder. The case will be returned to the RO for further action.

The Veteran's increased rating claims for mechanical low back pain, left and right knee retropatellar pain syndrome, bilateral plantar fasciitis, sinusitis, migraine headaches, hypertension, and benign prostatic hypertrophy were denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran is seeking service connection for spinal cord injury, bilateral knee disorder, and bilateral leg disorder. The Board finds that additional development is needed to clarify the status of his VA disability claim and to verify all periods of active and inactive duty for training in the United States Naval Reserve.

The Board found that the Veteran's preexisting bilateral knee disability (status post ACL repair) did not worsen during service and thus denied entitlement to service connection for a bilateral knee condition.

The Board denied the Veteran's claims for service connection for hearing loss, lumbar spine disability (degenerative joint disease), and left knee disorder. The decision found that tinnitus was not incurred or aggravated in service and that a left knee disorder was not proximately due to, the result of, or chronically aggravated by a service-connected right knee disability.

The Board has determined that the Veteran's left knee disability was not incurred or aggravated by military service, and thus denied his claim for service connection.

The Board has determined that the Veteran's osteoarthritis of the left knee, status post total left knee arthroplasty, is etiologically related to an injury sustained in active service and therefore grants service connection for this condition.

The Board denied service connection for a left knee disability and denied an increased rating for headaches. The Veteran's left knee condition was not shown to be related to his military service, including his right knee disability. His headaches were rated at 30% prior to March 18, 2009, but the evidence showed they had become more frequent and severe since then.

The Board denied the Veteran's claims for service connection for hypertension and left knee disability, finding no evidence of a current disability in service or within the presumptive period subsequent to discharge from service.

The Veteran's left knee arthritis is currently rated at 10 percent, but the Board has determined that a higher rating of 50 percent is warranted based on limitation of extension to 45 degrees and full range of motion for flexion.

The Board has ordered the appellant to provide service treatment records from his National Guard service period, specifically during his active duty for training (ADT) in April-August 1977. The claim is being remanded due to the need to obtain these records and determine if any current left knee disability is related to this ADT period.

The Veteran's right knee disability was rated at 10 percent prior to October 25, 2002 and on and after December 1, 2002.

The Board has denied the Veteran's requests to reopen her claims for service connection for joint pain of the knees and back, both claimed as due to undiagnosed illness or other qualifying chronic disability. The evidence submitted since the last denial does not meet the criteria for reopening the claims.

The Board found no evidence of a chronic right knee or stomach disorder during the Veteran's military service, and concluded that any current conditions are not related to his service. Therefore, service connection for these conditions is denied.

The Veteran's left knee disability, characterized by degenerative arthritis and instability, is currently rated at 20 percent under the criteria for dislocation of the right knee with residual instability. The Veteran's claim for an increased evaluation for his left knee disability has been granted.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating due to their combined disability rating of 40 percent, which does not exceed the percentage requirements set forth in 38 C.F.R. § 4.16(a). However, his right knee and other service-connected disabilities prevent him from obtaining or retaining substantially gainful employment.