Knee decisions — 2009

The Veteran's bilateral chondromalacia patella and meniscal tear of the right knee are related to his service-connected foot disability, and the Board has granted service connection for these conditions.

The Veteran's initial evaluations for residuals of shrapnel wound of the left knee were granted, with a temporary evaluation of 100% from November 6, 2007 to December 1, 2008 and a permanent evaluation of 30% thereafter. The Veteran also received an increased evaluation for his status post total knee replacement after December 1, 2008.

The Board found that the appellant's current bilateral hearing loss and tinnitus are not causally related to his active service or any incident therein, and thus denied service connection for these conditions.

The Veteran's service-connected DJD of the left knee is currently evaluated at 30 percent, effective February 2006. The evaluation takes into account the degree of disability pre-existing aggravation by the service-connected right knee.

The Board has granted service connection for hypertension as secondary to service-connected diabetes mellitus. The Veteran's other claims remain pending and will be addressed in the remand portion of this decision.

The Board has remanded the case for additional development of the Veteran's claims, including obtaining his service treatment records and VA treatment records.

Throughout the rating period, the Veteran's left knee disability was productive of complaints of pain and limited motion. The objective evidence showed that at its worst, flexion and extension were from 5 to 90 degrees, with no demonstrated additional functional limitation due to pain or weakness, and no objective evidence of recurrent instability. As such, a rating in excess of 20 percent was not warranted.

The Board has reopened the Veteran's claim for service connection for a right knee condition and remanded it for further development, including a new VA examination.

The Veteran's appeal for service connection for osteoarthritis of the right knee has been dismissed due to his death.

The Board has determined that the appellant's current left knee disability is not service-connected, as there is no evidence linking it to his military service or any acute injury sustained during service.

The Veteran's appeal is remanded due to incomplete records and the need for further medical examinations. Service connection will be reconsidered based on the new evidence.

The Veteran's appeal is remanded due to the need for additional medical records and a new VA examination.

The Board found that the Veteran's current bilateral knee disability was not incurred in or aggravated by active service, and is not proximately due to or the result of his service-connected pes planus. The evidence did not support a finding of direct service connection.

The Veteran's right knee instability has been rated at 20 percent since April 27, 2007.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance of another person is granted due to his mental or physical incapacity, specifically requiring assistance with most basic activities of daily living.

The Board has remanded the case for additional development, including obtaining service personnel records and medical records from private providers. The appellant's right knee disorder will be evaluated to determine if it is related to his military service.

The Veteran is granted a 30 percent rating for left knee instability, effective from the date of the decision. The right knee condition does not warrant a separate rating.

The Board found no evidence of a current disability related to service for either the bilateral knees or pancreatitis, and thus denied both claims.

The Board denied service connection for a bilateral knee disability and IBS, but granted service connection for IBS with an effective date of March 1, 2002. The Veteran's claim for PTSD was not addressed in the decision.

The Veteran's PTSD is rated at 70 percent since October 16, 2008. The AMC increased the rating from 50 percent retroactively effective November 22, 2004 to 30 percent retroactively effective that date. The Veteran continues to appeal for higher ratings and service connection.