Knee decisions — 2009

The Board has determined that the Veteran's cervical spine, lumbar spine, bilateral knee, and fractured nose disabilities are service-connected as their onset is believed to have occurred during his military service.

The Veteran's service-connected right and left knee chondromalacia have been rated at 10 percent each, but the medical evidence does not support a higher rating as there is no significant limitation of motion or instability.

The Veteran's right knee disability, including as secondary to a service-connected right knee disability, is rated at 30 percent since October 1, 2005. The rating reflects the current level of impairment due to arthritis and limitation of motion.

The Board denied service connection for bilateral knee disabilities as the evidence clearly and unmistakably established that the appellant underwent pre-existing surgeries prior to service, and there was no clear and unmistakable evidence of aggravation during service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran's left shoulder and bilateral knee disorders are not related to his active duty service, and thus denied both claims.

The Veteran's right shoulder and left ankle disabilities are service-connected. His right knee disability is not service-connected.

The Board finds that the service-connected arthritis of the knees and anatomical loss of the right eye contributed to the Veteran's fall, which resulted in his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Board has remanded the Veteran's claims for additional development due to missing records from the Social Security Administration and the Detroit VA Medical Center.

The Veteran's appeal is being remanded for a VA examination to determine the nature, extent, onset and etiology of any right and/or left knee conditions found to be present. The issues of entitlement to service connection for right and left knee conditions are inextricably intertwined with the issue of lumbar herniated nucleus pulposus, so they must also be addressed.

The Veteran's right ear hearing loss is found to be due to in-service noise exposure and service connection is granted. The issues of entitlement to service connection for hemorrhoid disorder, left knee disorder, and back disorder are remanded.

The Veteran's right knee disability is granted service connection, and the claim to reopen his GERD service connection is also granted. The Board finds that new evidence submitted since the last final decision supports reopening of the GERD claim.

The Veteran's claims for service connection were denied as the evidence did not support a current diagnosis or a link to service.

The Veteran's post-operative total right knee arthroplasty is characterized by chronic residuals consisting of constant pain on use or weakness and significant limitation of motion, which more nearly approximates the criteria for a 60 percent rating under Diagnostic Code 5055. The claim for an increased rating for his service-connected right knee disability is granted.

The appeal has been withdrawn by the appellant, resulting in its dismissal.

The Veteran's service-connected post-operative ACL repair/reconstruction, status post right knee injury is manifested by objective findings of pain, swelling and mild stiffness. The current evaluation of 10 percent is appropriate given the Veteran's symptoms.

The Board denied the Veteran's claims for service connection for left leg and foot disabilities, finding no new and material evidence to reopen his previously denied claim for a left knee disability. The Board also found that there is no separate and distinct left leg or left foot disability from his left knee condition.

The Board has determined that the Veteran is not entitled to service connection for hearing loss, tinnitus, or right knee injury. However, the Veteran's residuals of a low back injury are found to be incurred in service.

The Veteran's arthritis of the left knee, which resulted in slight limitation of motion, has not met the criteria for a rating higher than 10 percent.

The Board found no evidence of chronic cold injury residuals, left knee condition or head injury residuals. The appellant's current conditions are not linked to his service.