Knee decisions — 2009

The Board denied increased ratings for residuals of right and left knee injuries, as well as a rating in excess of 10 percent for arthritis of the knees. The Veteran's service-connected conditions were rated based on limitation-of-motion codes.

The Board has determined that the Veteran's current left knee disability is not causally related to his active service and therefore denied his claim for service connection.

The Veteran's claim for service connection for a left knee disorder is being remanded due to the need for additional development, including an examination and review of medical records.

The Board has ordered the VA to obtain additional service treatment records and VA medical center records, including those from Fort Meade in Sturgis, South Dakota. The Veteran's claim for reopening his right knee injury service connection will be remanded after this information is obtained.

The Board has determined that the Veteran's current right knee disability is related to his service, and thus grants service connection for this condition.

The Board has granted service connection for arthritis of the hips, bilateral; arthritis of the left knee; and residuals of a compression fracture of vertebra T12. Service connection for arthritis of the ankles, bilateral, and arthritis of the feet, bilateral, is denied as not proximately due to or the result of a service-connected disease or injury.

The Veteran's claim for special monthly compensation based on need for regular aid and attendance or being housebound is remanded due to the need for additional development, including medical examinations.

The Board denied the Veteran's claims for service connection for right knee and right hip conditions, finding that there was no evidence of a chronic condition during or within one year after service. The Board also found that these conditions were not proximately due to or aggravated by his left tarsal tunnel syndrome.

The Veteran's service-connected residuals of shell fragment wounds to the left knee are currently evaluated as 10 percent disabling, and the Board finds that a higher rating is not warranted.

The Veteran's claims for earlier effective dates for the grants of service connection for instability of the left and right knees are denied as there is no legal basis for assignment of any earlier effective date.

The Board has assigned an effective date of April 18, 2002 for the grant of a 60 percent rating for the Veteran's service-connected right knee disability based on the first factually ascertainable evidence showing increased severity to warrant such a rating.

The Veteran's appeal is remanded for further evidentiary development, including scheduling a VA examination to assess the current nature and severity of his service-connected knee disabilities.

The Veteran's left knee degenerative joint disease is rated at 60 percent effective November 1, 2008. The previous rating of 30 percent for the period beginning November 1, 2008 has been granted.

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 were denied, while his claim to reopen a low back disability was not considered due to lack of evidence.

The Board has determined that the Veteran does not have a right hip disability, left hip disability, right knee disability, or left knee disability that is attributable to military service.

The Veteran's service-connected right and left knee patellofemoral syndrome are currently manifested by mild tenderness, crepitus, and subjective complaints of pain with essentially normal clinical findings. The RO has assigned initial noncompensable evaluations for these conditions.

The appellant withdrew his appeal for the claims of service connection for a psychiatric disorder, hearing loss, and right knee chondromalacia.

The Veteran's service-connected right leg disability does not render him unemployable due to the severity of his condition, as he is currently rated at 30% and has no other disabilities. The Board did not find that referral for extra-schedular consideration was warranted.

The Veteran's claims for PTSD, arthritis of the knees, ankles, elbows, and hands, and bilateral hearing loss were all denied. The Board found that there was insufficient evidence to establish service connection for PTSD due to lack of corroborated stressor events. For arthritis, no current diagnosis was provided in the record. For hearing loss, a compensable rating could not be assigned as the Veteran's hearing impairment did not meet the criteria for an exceptional pattern.