Knee decisions — 2010

The Veteran's bilateral knee disability is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5003. His right ear hearing loss is not compensable as it does not meet the criteria for a compensable evaluation.

The Board has determined that the Veteran's service-connected right knee iliotibial band syndrome warrants a separate 20% evaluation for moderate instability, but not more. The arthritis is rated as 10% disabling under Diagnostic Code 5260 (degenerative arthritis of the knee).

The Board has denied the Veteran's claims for service connection for various conditions, finding that they are not related to his active service or any service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD, do not prevent him from securing or following a substantially gainful occupation.

The Veteran's claims for increased ratings for his service-connected right knee anterior cruciate ligament tear, traumatic arthritis, and left knee varus deformity with degenerative joint disease have been denied. The evidence does not support the assignment of higher ratings under applicable diagnostic codes.

The Board finds that the Veteran's pre-existing left knee instability was aggravated by events during active duty for training, and thus service connection is granted.

The Veteran's right knee disability was found to be productive of slight recurrent lateral instability, but not ankylosis or dislocated semilunar cartilage. The initial rating for arthritis of the right knee prior to February 9, 2009 is granted at 10 percent.

The Veteran's claims for increased ratings for his left elbow and knee disabilities were granted, with the right knee receiving a non-compensable rating.

The Board found that the Veteran's pre-existing left knee disability was aggravated by his active duty for training (ACDUTRA) and granted service connection for this condition. The low back disability is also considered to be aggravated by the service-connected left knee disability.

The Veteran's diverticulitis and right ankle disability were found to be service-connected, but his left knee disability was not. The Board denied the claims for service connection.

The Board denied service connection for bilateral knee, cervical spine, and left hip disabilities due to a lack of evidence linking these conditions to active duty service or any service-connected condition.

The Board denied service connection for left knee and low back disorders, finding that the Veteran did not sustain injuries to these areas during service or within a year after service. The preponderance of evidence showed that any current conditions were not related to service.

The Veteran's claims for increased ratings for his service-connected right chondromalacia patella and torn medial meniscus of the left knee, as well as for effective dates for a higher rating on cervical spine disability and separate ratings for the knees, were denied.

The Board found that the evidence does not support a finding of an etiological relationship between the Veteran's cervical spine disability and service, resulting in denial of the claim.

The Veteran's claimed bilateral knee, shoulder, and hip disabilities are not service-connected as they did not manifest during or within one year after service. The VA examiner concluded that the current conditions are less likely related to his service-connected coccidioidomycosis with lesion of the upper left lobe.

The Veteran's left knee disability, characterized by instability and traumatic arthritis, is currently rated as 10 percent disabling. The Board finds that a higher rating is not warranted for the period prior to July 7, 2008, but a separate compensable rating for traumatic arthritis is granted.

The Board has remanded the Veteran's claim for a right knee disability due to deficiencies in the March 2009 VA examination report and the need to obtain additional medical records.

The Board denied the Veteran's claims for increased ratings for her service-connected chondromalacia of the bilateral knees, finding that the current 10 percent disability evaluations adequately reflected the severity of her disabilities.

The Veteran's claims for service connection are being remanded due to insufficient VCAA notice and the need to locate his missing service treatment records.

The Veteran's claims for service connection were denied as new and material evidence was not received, and the Board found that his conditions are not related to his service or a service-connected disability.