Knee decisions — 2009

The Veteran's appeal is being remanded for additional development, including a new examination and consideration of extraschedular evaluation.

The Veteran's right knee disability, post-surgical arthroscopy, is rated at 30 percent since September 24, 2008. The left knee arthritis remains noncompensable prior to September 24, 2008 and a separate rating for surgical scarring of the right knee has been granted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for arthritis of the left knee as secondary to his service-connected right knee disability. However, after reviewing all available evidence, including VA and private medical records, the Board finds that there is no direct or proximate relationship between the Veteran's current left knee condition and his service-connected right knee disability. The VA examiner concluded that the Veteran's current left knee condition was not caused by or related to the service-connected right knee disability.

The Board found no evidence to support the Veteran's claims for service connection or compensation under 38 U.S.C.A. § 1151, and thus denied all of his claims.

The Board has determined that the Veteran's claimed right knee, cervical spine, rib, head, and chin disorders are not service-connected due to a lack of evidence showing an in-service injury or disease.

The Veteran's appeal was denied as his claim for an initial rating in excess of 10 percent for residuals of left knee injury with instability is not supported by the evidence.

The Board has granted a 10 percent evaluation for the Veteran's low back disability and right knee disability, effective February 4, 2004. Service connection for an eye disability secondary to a head injury was also granted.

The Veteran's right and left knee disabilities are currently rated at 10 percent each, and the Board finds no basis for an increased rating based on current evidence.

The Board has remanded the case for additional development, including consideration of Social Security Administration (SSA) records and reconsideration of the Veteran's claims for service connection as due to undiagnosed illness.

The Board has granted service connection for depression and left knee patella tendonitis, finding that the Veteran's current conditions are at least as likely as not related to his military service.

The Board has determined that the Veteran does not have a currently diagnosed psychiatric disability or bilateral foot disability, and therefore denied these claims. The remaining issues of service connection for lumbar spine, cervical spine, bilateral knee, and skin disabilities are also denied.

The Veteran's claims for increased ratings for his service-connected left knee disabilities were denied. The Veteran was not granted any higher initial or staged ratings.

The Board has reopened the previously denied claims for service connection for an acquired psychiatric condition and a left elbow condition. Additional VA examinations are required to determine the nature, extent, and etiology of these conditions.

The Veteran's claims for increased ratings for traumatic arthritis of the right knee and bilateral plantar fasciitis were denied as his conditions did not meet the criteria for a higher disability rating based on their current manifestations.

The Board found that an effective date prior to July 20, 2004 for a 30 percent disability rating was not warranted as it was not factually ascertainable that the Veteran's service-connected right knee strain with status post operative repair increased in severity during the year prior to July 20, 2004. The March 1981 rating decision found CUE and assigned a 20 percent disability evaluation effective November 18, 1980.

The Veteran's service-connected disabilities render him unable to tend to the basic functions of self-care without regular assistance from another person and vulnerable to the hazards and dangers incident to his environment, meeting the criteria for special monthly compensation based on aid and attendance.

The Veteran's appeal of the right knee disability claim has been withdrawn. The lumbar spine disability issue is being remanded for further development.

The Board has remanded the case due to issues of service connection for various conditions, including right knee disability, left knee disability as secondary to right knee disability, sleep disorder, depression, and low back disability. The appellant's active duty status is unclear and needs further verification.

The Veteran's claims for increased ratings for his right knee, thigh laceration with superficial scar, and ankle sprain disabilities have been denied. The RO found that the current disability ratings adequately reflect the severity of these conditions.

The Veteran's left knee disability, characterized by pain and limited range of motion, does not meet the criteria for a higher rating than 10 percent.