Knee decisions — 2009

The Veteran is seeking an earlier effective date for the grant of service connection for traumatic arthritis of the right knee. The Board has remanded this case to determine if there was clear and unmistakable error (CUE) in a November 2003 rating decision that granted service connection with an effective date of June 13, 2002.

The Veteran's claims for increased ratings and service connection were denied. The right knee conditions, PTSD, vision loss, hearing loss, and headaches were not found to meet the criteria for higher disability ratings or service connection.

The Veteran's appeal for an increased rating for patellar tendonitis of the left knee was denied, and service connection for a fractured right 5th toe was also denied. The Board found that the current 10 percent rating under DC 5024 based on limitation of motion is appropriate.

The Board has determined that the appellant is not in need of regular aid and attendance or permanently housebound, thus denying her claims for special monthly pension benefits on those grounds. However, she was granted special monthly pension benefits based on being housebound.

The Board has remanded the case due to the need for a VA examination to determine the etiology of the Veteran's bilateral knee and hip disabilities, which may be related to service.

The Veteran's right knee disability is currently rated at 10 percent before March 29, 2008 and 20 percent from that date. The claim for higher ratings is denied.

The Board denied the Veteran's request to reopen his claim for service connection for residuals of a left knee injury, finding that new and material evidence had not been received.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing on the issue of SMC based on the need for aid and attendance of another. The other issues remain pending.

The Board found that the Veteran's right knee degenerative joint disease was not incurred in or aggravated by her military service and is not related to a known clinical diagnosis. The claim for service connection was therefore denied.

The Board has reopened the claim of entitlement to service connection for right knee disability on the basis of aggravation, and finds that new and material evidence has been received. The Veteran's pre-existing right knee condition was aggravated by service.

The Veteran's service-connected left retropatellar pain syndrome, with popital cyst of the left knee, has been rated at 10 percent since April 3, 2003. The Board finds that this rating is appropriate for the periods from April 3, 2003 through May 23, 2004 and after August 1, 2004.

The Board has determined that the Veteran's left wrist and left knee disabilities were not incurred or aggravated during service, nor can arthritis be presumed to have been so incurred or aggravated. The preponderance of evidence is against the claims for service connection.

The Veteran's claims are being remanded due to the need for additional development, including obtaining records from the Social Security Administration.

The Board denied the Veteran's claims for increased ratings for his service-connected knee and hip conditions, as well as his claims for service connection for numbness of the legs, hands and arms, migraines, memory loss, impaired vision, scalp laceration, and South Pacific fungus of the hands. The appeal was reopened on new evidence but no rating or effective date is assigned.

The Veteran's claims for increased ratings and secondary service connection were denied. The Board found that the evidence did not support granting any of the requested benefits.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on a need for regular aid and attendance of another person or on account of being housebound.

The Board has granted service connection for a right knee disorder, but denied the remaining issues of entitlement to service connection for left knee, left shoulder, back, and hand disorders.

The Board granted service connection for keloid scars of the left arm and assigned a 10 percent rating effective April 28, 2008. The other issues were not addressed as they are no longer on appeal.

The Board denied the Veteran's claims for service connection for a bilateral knee disorder and a back strain condition, finding that there was no current disability related to his active duty service.

The Board has determined that the Veteran's current osteoarthritis of both knees is service-connected, resolving all reasonable doubt in his favor.