Knee decisions — 2010

The Board has determined that new and material evidence was received to reopen the claims for service connection for low back disability and right knee disability. The Veteran's current low back disability is found to be at least as likely as not related to his lumbar strain during service, while there is no competent evidence showing a current bilateral hearing loss.

The Veteran's initial ratings for his left and right knee disabilities have been denied. The Veteran is currently rated at 20 percent for his left knee disability, effective February 22, 2004, and at 10 percent for his right knee disability prior to June 1, 2006, with a separate 10 percent evaluation assigned for right knee instability since that date.

The Board has determined that the Veteran's right knee disability warrants a 10 percent rating, effective from the date of the claim.

The Veteran's appeal for higher initial evaluations for residuals of a right ankle fracture, right ankle scar, and residual numbness of the tip of the right middle finger due to suture has been denied.,The Veteran withdrew his appeal regarding service connection for folliculitis.

The Veteran's left knee condition has improved, warranting a reduction from a 20 percent to a 10 percent rating. The current disability level does not meet the criteria for a higher rating.

The Board concluded that the Veteran's cause of death was not incurred or aggravated in active military service, and denied the claim for service connection.

The Board has determined that the Veteran's current right knee, left knee, and back disabilities are not related to his military service. The evidence does not show any specific injuries or diagnoses during service, and there is no competent medical opinion linking these conditions to his time in the military.

The Board found no evidence of a right knee disability during service or within the first post-service year, and concluded that any current right knee arthritis is not related to service. The Veteran's account of an in-service injury was deemed self-serving and unsupported by credible evidence.

The Veteran is entitled to a total disability rating based on individual unemployability due to service-connected disabilities, effective from November 1, 2005.

The Veteran's claim for an increased rating for left total knee replacement is denied as his disability does not warrant a higher rating than the current 60 percent.

The Veteran's TDIU was granted effective September 8, 2004. The Board found that the earliest date it was factually ascertainable that he met the criteria for TDIU was September 30, 2003.

The Veteran's right knee disability has been rated based on the severity of his degenerative joint disease, with a recent increase to 60 percent effective July 1, 2005.,Prior to May 6, 2004, the Veteran was assigned a 20 percent rating for his right knee disability. From May 6, 2004, through June 30, 2005, he received a 100 percent rating due to total knee arthroplasty.

The Board found no evidence to support the Veteran's claims for gastrointestinal, left knee, and aching joint disabilities. The Veteran's current diagnoses are not linked to his service or any incident therein.

The Veteran's right knee disorder, including a meniscus tear and joint effusion, has been rated at 30 percent since January 2007. The Board finds no evidence of more than the currently assigned rating.

The Board found no evidence of a current disability related to the Veteran's service or any incident therein, and denied his claims for service connection for degenerative arthritis of the left knee and a rating in excess of 40 percent for degenerative arthritis of the right knee with valgus deformity and tricompartment disease.

The Board has denied service connection for a bilateral knee disorder due to the lack of evidence of current disability and no link between military service and the condition. The issues of service connection for bilateral foot, inguinal hernia repair, vision loss (aggravation), and hearing loss are pending.

The Veteran's claim for an earlier effective date for service connection of post-operative residuals, right knee was denied as there is no legal basis to grant such a request.

The Veteran's preexisting left knee condition was aggravated by military service, and the Board has granted service connection for this condition.

The Board has remanded the claims due to incomplete records and will attempt to obtain SSA records for consideration.

The Board found no evidence of a left knee injury or disability during service and denied the Veteran's claim for service connection as his current left knee condition is not shown to be related to his active duty service.