Knee decisions — 2009

The Board denied an evaluation in excess of 50 percent for service-connected right knee injury, status post anterior cruciate ligament reconstruction and arthroscopy and denied an evaluation in excess of 10 percent for service-connected left wrist fracture, status post open reduction and internal fixation.

The Board found that the Veteran's service-connected left knee arthritis did not warrant a separate rating in excess of 10 percent on the basis of limitation of motion or function. The RO has separately rated the Veteran's service-connected left knee disability as 30 percent under Code 5257 (left meniscectomy residuals and status post internal fixation, fracture of the medial condyle left tibia with lateral instability of the knee), and 10 percent under Code 5010 (arthritis).

The Board finds that the preponderance of the evidence is against finding that degenerative arthritis of the bilateral knees manifested during a period of active duty for training, and thus service connection cannot be granted.

The Veteran's service-connected psychoneurosis symptoms are not severe enough to warrant a compensable evaluation. The VA determined that the respiratory disorder, diagnosed as COPD, is not related to inservice asbestos exposure or any other incident of service. Cold injury residuals were found to be incurred in service due to exposure to extremely cold weather.

The Board found that the veteran's current left knee disorder is not related to his military service and denied his claim for service connection.

The Board has determined that there is no evidence of chronic knee disability during service or within a year after discharge, and the medical opinion does not support a link between current knee disabilities and service. Therefore, service connection for right and left knee disabilities is denied.

The Veteran's left knee disability, post-total knee replacement, did not meet the criteria for a higher evaluation in excess of 30 percent beginning December 1, 2007.

The Veteran currently has a left knee disability, but there is no competent evidence showing a causal link between his current condition and any incident of service.

The Board denied service connection for right and left knee arthritis, as well as a gastrointestinal disorder (ulcers), finding no evidence of chronic conditions during or within one year after service.

The Veteran's claims for increased ratings for his service-connected left knee disability and right ear hearing loss were denied. The current noncompensable rating assigned to the right ear hearing loss is maintained.

The Veteran is seeking an increased rating for her service-connected right knee disability. The Board has determined that a VA examination is necessary to assess the current severity of her condition and that proper VCAA notice must be provided.

The Board has determined that new and material evidence sufficient to reopen the Veteran's lower back and left knee disability claims has been received. The reopened lower back disability claim is addressed on the merits below, while the reopened left knee disability claim requires further development before readjudication.

The Board denied service connection for a right knee disorder as secondary to service-connected pes planus, and denied entitlement to increased ratings for bilateral pes planus. The Veteran's claims of frostbite of both feet, right leg condition, and onychomycosis were not addressed in the decision.

The Board of Veterans' Appeals has determined that the Veteran does not have a current right knee disorder related to his active military service and thus denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran's bilateral hip and knee conditions are not related to his military service or a service-connected disability, leading to denial of both claims.

The Board has decided to remand the case for further development due to inadequate medical evidence addressing secondary service connection.

The Veteran's bilateral foot/leg disorders are service-connected, but his PTSD claim is denied due to lack of verified in-service stressors.

The Board denied the Veteran's claims for service connection for a low back disability and a left knee disability.

The Board has determined that the Veteran's degenerative joint disease of the bilateral hips, knees, and lumbar spine is not related to his military service.