Knee decisions — 2009

The Board has remanded the case for further development due to the Veteran's failure to report for VA examinations and potential conflicts in regulations regarding eligibility for nonservice-connected pension benefits.

The Veteran's claim for an initial rating in excess of 40 percent for degenerative disc disease of the lumbar spine was denied, and his claim for service connection for a left knee disorder to include as secondary to service-connected bilateral pes planus was also denied.

The Veteran's claim for a higher rating for his right knee disability was denied as the evidence did not show limitation of motion or other impairment that would warrant a higher evaluation.

The Board has remanded the case to schedule a VA audiometric examination for the Veteran's bilateral hearing loss, and to review additional evidence received at the Board.

The Board found that the Veteran's current bilateral knee disorders were not incurred in or are otherwise the result of his active service, and thus denied both claims for service connection.

The Veteran's claims for service connection for PTSD and increased ratings for patellofemoral syndrome of the right and left knees were denied. The Board found that there was no evidence to support a diagnosis of PTSD, and that the Veteran's knee conditions did not meet the criteria for compensable ratings.

The Board has granted the Veteran's claim for service connection for a bilateral knee disability, finding that it is proximately due to his service-connected bilateral pes planus. The lumbar spine condition was not addressed in this decision.

The Board has granted service connection for a diagnosed left patello-femoral syndrome, finding that the Veteran's current disability is as likely as not related to his military service. The claim for stomach disability remains denied.

The Veteran's service-connected disabilities, which include knee and ankle conditions, do not meet the percentage rating standards for TDIU. However, the Board found that all forms of employment were not precluded solely due to these disabilities.

The Veteran's appeal is for an increased evaluation of his service-connected left knee disorder, which has been rated as 10 percent disabling. The case is being remanded to the RO for additional development and examination.

The Veteran is seeking service connection for cervical spine and knee disabilities. The Board has determined that a VA examination is needed to determine the likely etiology of these conditions, as well as their relationship to his active service.

The Board has determined that the Veteran does not have a current bilateral ankle disorder and therefore, service connection for this condition is denied.

The Board has determined that the Veteran's left knee disorder is related to his military service and grants the claim for service connection.

The Veteran's hypertension is service-connected as secondary to PTSD. Service connection for bilateral hearing loss has been established, and the Veteran's right knee conditions have initial ratings of 10 percent each.

The Veteran's service-connected left knee and thoracolumbar spine disabilities have been rated based on their current manifestations. The appeals for increased ratings are denied as the evidence does not support a higher rating under the applicable diagnostic codes.

The Veteran's lumbar spine retrolisthesis and left knee torn medial retinaculum with patellar subluxation are currently rated at 10 percent, but the Board finds that these conditions do not warrant a higher rating.

The Veteran's claim for an initial evaluation in excess of 10 percent for neuroma of the left knee is being remanded due to the need for a new VA examination and consideration of other impairment of the knee.

The Veteran's claims for bilateral hearing loss, tinnitus, left hip disability, right knee disability, and migraine headaches are denied. The claim for PTSD is granted with a 30% evaluation effective from March 14, 2007.

The Board has remanded the case due to incomplete service records and the need for further development of the Veteran's claims.

The Veteran's service-connected diabetic neuropathy in both lower extremities is rated at 30 percent, reflecting severe incomplete paralysis of the external popliteal nerve (common peroneal).