Knee decisions — 2009

The Board granted a disability rating of 20 percent for the Veteran's service-connected left knee disability, effective from August 30, 2004. The claim for service connection for depression was also granted as it is secondary to his service-connected left knee disability.

The Veteran's claim for an increased rating for the service-connected left foot injury residuals was denied, and his claims for service connection of bilateral knee disorders and leg disorders were also denied. The RO found that the current evaluation accurately reflected the severity of the conditions.

The Board found that the Veteran's left knee disability was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The VA examiner concluded it is less likely as not related to his service-connected right knee disability.

Throughout the rating period on appeal, the Veteran's left knee has been productive of daily pain at a level of 7 or 8 out of 10, with occasional flare-ups and instability due to weakness. Lachman's and McMurray's tests have been negative, with mild instability and no subluxation. Flexion has been no worse than 135 degrees, with extension to zero degrees, and there has been no evidence of additional functional limitation due to pain.

The Board has determined that the Veteran's DDD of the lumbar spine is secondary to his service-connected residuals of shell fragment wound to the left thigh. The right leg disability, including DJD of the right knee, was not found to be related to service or any service-connected condition.

The Board denied the Veteran's claims for increased ratings for his left knee strain, right knee traumatic arthritis, and lumbar strain. The Veteran was not granted any higher initial or staged ratings.

The Veteran's cervical right trapezius strain was rated at 10 percent prior to April 5, 2008 and increased to 20 percent beginning on that date.,For the period of time beginning April 5, 2008, the Veteran's cervical right trapezius strain is rated at 20 percent.

The Board found that the evidence did not support a finding of service connection for a left knee disorder, either on a direct basis or as secondary to a service-connected right knee disorder.

The Veteran's left knee disability is rated at 10 percent, and his T-9 compression fracture does not warrant an extraschedular evaluation.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of evidence.

The Veteran's claims for service connection for generalized joint pain, right elbow disorder, and left knee disorder have been denied. The Board found that the Veteran has a chronic undiagnosed illness manifested by diffuse joint pain during his service in Iraq, but did not find separate diagnoses of right elbow or left knee disorders.

The Veteran's left knee arthritis and instability have been rated at 30 percent since January 25, 2007. The claim for individual unemployability due to service-connected disabilities is denied.

The Veteran's service-connected scars on his right ankle have been rated as 10 percent disabling since December 2001. The June 2006 rating decision reduced the rating to 0 percent effective May 6, 2006 due to non-tender scars, but this did not affect the monetary award.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for service connection for a left knee disorder.

The Veteran seeks service connection for joint disabilities, including as secondary to his service-connected heart condition. The Board finds that a new VA examination is necessary to determine the nature and etiology of any current knee, shoulder, hip, and/or back disability.

The Veteran's service-connected disabilities have not been sufficient to prevent him from obtaining or maintaining substantially gainful employment since September 11, 2003.

The Veteran's claims for service connection and increased evaluation of his right knee disability are being remanded due to inadequate medical examination in the April 2006 VA examination report. The case will be readjudicated after a new examination is conducted.

The Board has found that the Veteran's fatigue and bilateral knee pain, diagnosed as fibromyalgia associated with bilateral knee pain, are presumed to have been incurred during her service in the Persian Gulf War.

The Board has determined that the Veteran's current bilateral knee disorders are related to her military service and granted service connection for right and left knee patellofemoral syndrome.

The Board has determined that the veteran's left knee disability is related to his military service, while his right knee disability cannot be linked to any incident or injury during service.