Knee decisions — 2009

The Veteran's left lower extremity disability was not incurred in or aggravated by service, and the Board finds that there is no medical evidence linking his current condition to service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or financial assistance in acquiring an automobile or other conveyance and adaptive equipment.

The Board denied the Veteran's claims for service connection for depression, varicose veins, hepatitis B, and left knee strain. The claim for increased rating for eczema was also denied.

The Veteran's claim for an increased rating for his service-connected postoperative residuals, right knee injury was denied by the RO. The evidence showed that the Veteran had limited range of motion in his right knee but no severe instability or subluxation.

The Board found no evidence of a back disorder in service or for many years thereafter, and no competent medical opinion linking the current back condition to service. The Veteran's claim for service connection for a lower back condition is denied.

The Veteran's claims for service connection for chronic right and left hip disabilities, as well as a chronic right knee disability, were denied. The Board found no current diagnoses of these conditions.

The Board denied the Veteran's claim for service connection for residuals of a right knee injury, finding that new and material evidence had not been received to reopen the previously denied claim. The evidence showed that the condition existed prior to entrance on active military duty and was not aggravated during military service.

The Board has remanded the case for additional development, including obtaining service treatment records and arranging for a VA examination to determine the nature and etiology of the Veteran's back and right knee disabilities.

The Veteran's claims for increased ratings and an effective date prior to July 31, 2003 have been granted. The right knee disorder is rated at 10 percent since March 24, 2008, with a staged rating of 20 percent as of June 27, 2005 for the left femur fracture residuals. The lumbar spine DJD disorder has an effective date of July 2, 2002.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service, and no arthritis affecting the cervical spine manifested to a compensable degree within one year following his separation from service. The claim for psychiatric disorder, low back strain, headaches, left knee and left foot disabilities is reopened as new and material evidence has been received.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining SSA records and VA examination reports.

The Veteran's service-connected knee disabilities do not preclude him from securing and following a substantially gainful occupation.

The Board denied the Veteran's claims for increased disability ratings for his service-connected right and left knee disabilities, finding that the schedular criteria were not met.

The Board finds that the Veteran's current left hip and left knee disorders are not service-connected as residuals of a left leg injury, to include as secondary to service-connected disability.,However, the Veteran has been granted service connection for a rupture of the semimembranous muscle in his left thigh, which is considered a separate issue.

The Veteran's right knee disability is productive of chronic pain and mildly limited flexion, but does not warrant a rating in excess of the current 10 percent assigned.

The Veteran's appeal is being remanded to obtain additional medical records and for further examination. The case will be reviewed again after these actions.

The Veteran's claims for an increased rating for his left thigh fragment wound disability and service connection for a left knee disorder, to include arthritis, as secondary to the service-connected left thigh fragment wound disability are being remanded due to incomplete evidence and need for further examination.

The Veteran's low back disability is not service-connected and was first manifested years after service.,The Veteran's right knee injury with chondromalacia does not warrant a rating in excess of 10 percent, as his symptoms do not meet the criteria for more severe impairment.

The Veteran's claims for initial compensable ratings for prepatellar syndrome in both his right and left knees were denied as the disabilities do not meet the criteria for a compensable rating based on limitation of motion or instability.