Knee decisions — 2009

The Veteran's left knee disability, including arthritis and joint degeneration, was not rated higher prior to August 21, 2008. From that date, the Veteran's left knee arthritis with limited flexion and extension were also not rated higher.

The Board found that the Veteran's knee and shoulder disabilities were not incurred or aggravated during service, are not secondary to other service-connected disability, and denied both claims.

The Veteran's appeals for service connection on the merits have been dismissed due to withdrawal of his appeal.

The Veteran's claims for service connection were denied across multiple issues, including dermatitis, PTSD, hip and knee disabilities, muscle cramps, shoulder impingement, upper back condition, cervical spine syndrome (neck condition), low back disability, and ankle disability. The appeals are all now denied.

The Veteran's left knee patellofermoral arthritis, status post-patella realignment for dislocations, is manifested by X-ray evidence of patellofemoral arthritis with painful motion, weakened movement, and additional fatigability following repetitive testing. The flexion is limited to 70 degrees and extension is limited to 5 degrees, resulting in subjective complaints of pain, giving way, swelling, flare-ups, and tenderness without objective instability or subluxation. The Veteran's left knee does not meet the criteria for a rating in excess of 10 percent.

The Veteran's claims for service connection were granted, with a 10 percent evaluation assigned for cholecystectomy syndrome with GERD and diarrhea. The claim for tinnitus was also granted. Other claims remain pending.

The Veteran's appeal is being remanded due to the need for additional development, including preparation of a supplemental statement of the case (SSOC), VA examination and stressor verification.

The Veteran's claims for rheumatoid arthritis, right knee disorder, left foot disorder, and left shoulder disorder were denied as there is no medical evidence showing current diagnoses or a link to service.

The Veteran's appeal is being remanded for additional development, including a more current examination of her left knee disability and an assessment of her ability to work due to her service-connected disabilities.

The Veteran's service-connected left knee instability and limited extension are currently rated at 30 percent and 20 percent, respectively. The claim for a TDIU is granted.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted effective from July 2, 2005. The effective date is earlier than August 19, 2005 as the evidence shows that his full-time employment ended prior to this date.

The Veteran's applications for Service Disabled Veterans life insurance (RH) were denied because they were not filed within the two-year period required by law, and there is no exception based on incompetency or otherwise.

The Veteran's claims for increased ratings for his service-connected knee disabilities were denied. The left knee disability was not shown to meet the criteria for a higher rating prior to March 14, 2007. For the period from January 18, 2008 to May 28, 2008, the right knee disability met the criteria for a 30 percent evaluation. The Veteran's right knee replacement residuals did not meet the criteria for higher ratings prior to May 28, 2008.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and personnel file from the Office of Personnel Management. The case will be reviewed by the RO after these developments.

The Board has granted service connection for the residuals of a right tibial osteoid osteoma. The remaining claims, including those for secondary service connection and increased rating, are referred back to the RO for further action.

The Board has determined that left knee degenerative arthritis was not incurred or aggravated in active service and may not be presumed to have been incurred therein. The lung disorder, including asbestosis, is denied due to lack of evidence linking it to service.

The Veteran's pre-existing status post left knee anterior cruciate ligament reconstruction was not aggravated by service, and therefore, the claim for service connection is denied.

The Board finds that it is as likely as not the Veteran's right knee disability was related to his active service, and therefore grants service connection for a right knee disability. Service connection for a low back disability is also granted based on aggravation of a pre-existing condition.

The Board denied higher ratings for the Veteran's right and left knee arthritis, with a final rating of 10 percent for each knee.

The Veteran's left knee arthritis is found to be secondary to his service-connected right knee disorder, and the claim for service connection is granted.