Knee decisions — 2009

The Board has remanded the case for additional development due to new evidence received after the March 2009 Supplemental Statement of the Case.

The Board denied the Veteran's claims for service connection for a left knee disorder, an increased rating for his right knee disability, and an increased rating for his lumbar para vertebral myositis with L5 radiculopathy. The decision found that the Veteran's left knee disorder did not have its onset during service or be related to his service-connected disabilities. For his right knee and back disabilities, the Board determined that a 40 percent rating was warranted based on the chronic orthopedic manifestations of IVDS and separate 10 percent evaluations for the chronic neurologic manifestations in both lower extremities.

The Board has determined that the veteran's claims for service connection for arthritis of the right knee and degenerative changes of the lumbo-sacral spine have been granted.

PTSD rated at 30 percent prior to January 13, 2009 and increased to 50 percent effective January 13, 2009.,Left ankle injury with arthritis rated at 10 percent prior to January 13, 2009 and increased to 20 percent effective January 13, 2009.,Right knee injury rated at 10 percent prior to July 28, 2006 and increased to 30 percent from July 28, 2006 to January 13, 2009. Since then, the rating is 20 percent.,PTSD granted effective August 9, 2005; left ankle injury with arthritis rated at 10 percent prior to July 28, 2006 and increased to 20 percent from July 28, 2006 to January 13, 2009. Right knee injury rated at 10 percent prior to July 28, 2006 and increased to 30 percent from July 28, 2006 to January 13, 2009.

The Veteran's claims for service connection for fevers, chilly feelings, dyssomnia, aching joints, and a skin condition have been denied as there is no objective evidence of these conditions during or after service.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues include seeking increased ratings and service connection for various conditions secondary to his right knee disability.

The Board found no evidence of a chronic left knee disability related to service, and denied the Veteran's claim for service connection.

The Veteran's claim for a compensable rating for her left knee disability is granted. The lower back disability is also service connected, but the right knee and hip disabilities are not.

The Veteran's claims for higher initial disability ratings for arthritis of the right and left knees, as well as his claim for service connection for a left elbow disability, were denied. The Board found that there was no evidence of additional limitation of motion due to functional factors or pain on use.

The Veteran's service-connected right knee disability is currently rated at 10 percent, but the medical evidence does not support a higher rating based on limitation of motion.

The Veteran's claims for increased ratings for facial skin condition, chronic ulcer disease (Duodenal Ulcer), and degenerative joint disease of the right knee were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's appeal is being remanded due to the need for issuance of a Statement of the Case regarding his claims for service connection for various conditions.

The Veteran's claims for service connection for bilateral knee pain, shin splints, and loss of teeth or other dental conditions have been denied. The Board has determined that the Veteran does not currently have shin splints and his dental condition consists of multiple replaceable missing teeth and periodontal disease.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for left knee, right knee, and low back disabilities. However, the Veteran's current bilateral knee and low back disabilities are not shown to be related to his active service or any complaints noted therein.

The Veteran's claims for service connection for right knee pain, prostate cancer, and left shoulder disability were denied. The claim for GERD was granted with a 10 percent evaluation effective from November 1, 2003.

The Board has determined that the Veteran's partial right hamstring tear, proximal ischial ramus was not incurred in or aggravated by active service and therefore denied her claim for service connection.

The Board has granted service connection for a neck disorder and awarded an extension of the total rating due to treatment for a service-connected disability requiring convalescence. The bilateral knee disorder issue is withdrawn.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound is remanded due to the need for a VA examination.

The Veteran's claim for service connection for a left knee disability has been reopened and is granted. The Board found new and material evidence in the form of a service treatment record dated in February 1992, which showed complaints of bilateral knee pain during active duty.

The Board found that the Veteran's current bilateral knee disorder was not incurred in or aggravated by active military service.