Knee decisions — 2009

The Board has determined that the Veteran's right knee osteoarthritis is at least as likely as not caused by an in-service injury, and thus service connection for this condition is granted.

The Veteran's right knee disability, including arthritis and instability, is currently rated at 10 percent. The claim for higher initial ratings remains denied.

The Veteran's claim for an effective date prior to December 17, 1997 for the grant of service connection for hypertension is denied. The Veteran's hypertension is currently rated at 10 percent since December 17, 1997 and no higher. The Veteran's traumatic arthritis of the right knee with scarring has been rated at 20 percent from July 23, 1998 to August 23, 2007 and at 30 percent since August 24, 2007.

The Board has denied the Veteran's petitions to reopen his claims of service connection for a psychiatric disorder diagnosed as schizophrenia and a left knee disorder, finding that no new and material evidence was submitted.

The Board finds that the Veteran's right ankle sprains incurred in service are service-connected, but his right knee and low back disorders are not related to service or any service-connected condition.

The Veteran's right knee disability, post-total knee replacement, is currently rated at 60 percent due to severe pain and weakness. The claim for bilateral hearing loss and tinnitus has been remanded.

The Veteran is seeking service connection for a right knee disorder. The case has been remanded due to the need for additional development, including obtaining VA medical records and determining whether the presumption of soundness can be rebutted.

The Veteran's lumbar strain/spasm has been granted an increased rating to 20 percent effective March 2, 2007. The right carpal tunnel syndrome of the hand was also granted a higher initial disability rating.

The Veteran's bilateral pes planus was found to have been aggravated by his military service, and he is granted service connection for this condition. The other issues remain unresolved.

The Board found that the Veteran does not have current diagnoses for a left wrist disability or right knee disability, and thus denied service connection for these conditions.

The Veteran's claims of increased ratings for his service-connected thoracolumbar spine disability, left knee disability, and bilateral plantar fasciitis were denied. The reduction in the rating for the thoracolumbar spine disability from 40 percent to 10 percent was found to be improper.

The Board has determined that the Veteran's tinnitus is etiologically related to his military service, and he is granted service connection for this condition. The low back disability was not incurred in service, and thus service connection is denied. The right knee disability is also not proximately due to or aggravated by a service-connected disorder.

The Veteran's service-connected disabilities result in a need for aid and attendance, which meets the criteria for SMC based on aid and attendance. The Veteran does not meet the criteria for housebound status.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination regarding his service-connected hiatal hernia with gastritis. The case will be reconsidered based on the new evidence.

The Board found no CUE in the May 2003 rating decision denying service connection for chondromalacia changes of the patella, left knee. The Veteran's claim to reopen her previously denied claim for service connection was also denied due to lack of new and material evidence. Service connection was not granted for a right knee condition or a left hip condition. PTSD was found to be incurred in active service.

The Board has determined that the Veteran's claimed thoracolumbar spine, left hip, and left knee disabilities are not service-connected due to lack of evidence showing a nexus between these conditions and his military service.

The Board has remanded the case for additional development, including obtaining VA outpatient treatment records and scheduling a VA examination to determine if the Veteran's right knee disability is related to service.

The Veteran's death was caused by diabetes mellitus, which is presumed to be due to Agent Orange exposure. The Board has granted service connection for the cause of the Veteran's death and dismissed the DIC under 38 U.S.C.A. § 1318 claim as moot.

The Board denied the Veteran's claims of service connection for PTSD, bilateral knee chondromalacia, and bilateral knee arthritis due to a lack of evidence linking these conditions to his active military service.

The Board has determined that an effective date earlier than January 30, 2006 for the grant of service connection for right knee degenerative joint disease is not warranted.