Knee decisions — 2009

The Board denied the Veteran's claims for service connection for bilateral knee and foot conditions, finding that there was no evidence of in-service injury or disease related to these conditions.

The Veteran's right knee disability was rated at 10 percent prior to February 13, 2004, and increased to 20 percent between February 13, 2004, and July 19, 2006. A separate evaluation of 20 percent for lateral laxity due to the right knee disability was granted. The Veteran's gastroesophageal reflux disease received a compensable initial rating of 20 percent.

The Board denied the Veteran's claims for service connection for various conditions, including torn lateral meniscus of the right knee and bilateral hearing loss disability. The claim for service connection for nerve damage in the left arm was also denied. Service connection for arthritis of the right knee is addressed separately.

The Veteran's appeal is being remanded to the RO for scheduling a video hearing before a Veterans Law Judge at the RO.

The Veteran's claims for earlier effective dates for service connection were denied as the original decisions are final and cannot be reopened without a claim of clear and unmistakable error (CUE).,The Veteran's claims for earlier effective dates for service connection were denied as the original decisions are final and cannot be reopened without a claim of clear and unmistakable error (CUE).

The Veteran's service-connected tinea pedis is rated at a 10 percent evaluation, effective from the date of claim.

The Veteran's service-connected iliotibial band syndrome of the right knee is currently rated at 10 percent, which is the maximum schedular rating available for this condition. The evaluation takes into account her symptoms such as pain and limitation of motion without more severe manifestations like instability or arthritis.

The Veteran's claim for service connection for a bilateral knee condition is being remanded due to the need for a VA examination.

The Veteran's initial claim for an increased rating for his left knee disability was granted, with a 10 percent rating assigned. The Veteran contends that he requires a brace and has limited employment due to the condition.

The Board denied the Veteran's claims for increased ratings for his right knee chondromalacia and left shoulder impingement syndrome, as well as a compensable rating for his left ear hearing loss. The RO had previously granted service connection for these conditions but did not assign higher ratings.

The Veteran's claim for PTSD is granted, and the petition to reopen his left knee disorder claim is granted.

The Board has determined that the Veteran's right knee disability is service-connected as it was caused by a left knee injury sustained during service.

The Veteran's service-connected degenerative joint disease of the right knee is not productive of a disability picture that warrants a rating in excess of 10 percent. The Board finds no evidence of subluxation or lateral instability, and range of motion was full without additional limitation due to pain, weakness, fatigue, etc. Sinusitis has not been diagnosed.

The Board found no evidence to support the Veteran's claims for service connection of low back, bilateral knee, and left shoulder disorders. The pre-service and post-service medical records do not show any link between these conditions and his military service.

The Board has determined that the Veteran's left knee disability, postoperative residuals of a total knee replacement, warrants a rating of 30 percent since May 1, 2007. The disability is currently manifested by some functional impairment but does not meet the criteria for higher ratings due to severe painful motion or weakness.

The Veteran's service connection claim for left knee disability is granted as the Board finds that his current diagnosis of patellofemoral pain syndrome originated during active duty.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, as well as a VA joints examination to evaluate the Veteran's left knee disability. The appeal is now pending with the RO.

The Veteran's claim for service connection for a bilateral knee disorder is denied as there is no current diagnosis of such a condition.,The Veteran's lumbar spine disability does not meet the criteria for an initial rating in excess of 10 percent, and his residuals of acute renal failure do not warrant a compensable evaluation.

The Board has granted service connection for multi-level degenerative disc disease with arthritis of the lumbar spine, left knee arthritis, chronic left ankle strain, and left L5 radiculopathy affecting the left leg. The lung disability claim is deferred pending completion of development.

The Veteran's current left knee disorder was not incurred or aggravated during his military service and is not proximately due to, the result of, or chronically aggravated by a service-connected condition.