Knee decisions — 2010

The Veteran is seeking to have a previous denial of service connection for a left knee disability overturned due to CUE, and also seeks an earlier effective date for the grant of service connection. The Board will address both issues.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and addressing when the service-connected disability developed.

The Board found that the Veteran's low back and left knee disabilities were not incurred or aggravated by active service, as there was no clear evidence of aggravation during service. The preexisting conditions did not worsen in service.

The Veteran's appeal for service connection on multiple issues, including bilateral knee disability, right ankle disability, diabetes, umbilical and hiatal hernia, and periodontal disease, was granted. The decision also includes a grant of TDIU.

The Board has denied the Veteran's claims for reopening his service connection claims for left hip disorder and bilateral knee disorders, finding no new and material evidence to support these claims.

The Veteran's service-connected arthritic changes in the left knee with meniscal tear are productive of, at most, pain and restriction of extension to 10 degrees and restriction of flexion to 85 degrees. The criteria for an initial rating in excess of 10 percent have not been met.

The Veteran's claim for TDIU is being remanded due to the need for a VA examination to assess the effect of his service-connected bilateral pes planus on his employability.

The Veteran's claim for an earlier effective date for the grant of service connection for a left knee disability is denied as there was no new and material evidence to reopen his previously denied claim, and the effective date cannot be prior to August 11, 2004.

The Board denied service connection for a bilateral knee disorder, hypertension, headaches, and low back disorders as the evidence did not support a medical nexus between these conditions and service.

The Board denied the Veteran's claim for service connection for residuals of a right knee injury, finding that new and material evidence had been presented to reopen the claim. However, the Board concluded that there was no medical evidence linking any current right knee disability to his military service.

The Board denied the Veteran's claims for increased ratings for his service-connected left knee scar and residuals of a fracture of the left thumb, as well as his attempts to reopen his claims for service connection for the residuals of a left foot sprain and arthritis of the left knee. The decision also remanded the extraschedular rating claim for the left thumb disability.

The Board has determined that the Veteran's left knee disability is aggravated by his service-connected left ankle condition and grants service connection for this condition. The liver condition claim is denied as there is no evidence of a current disability.

The Board has considered and applied both the old and new versions of VA regulations for rating disabilities of the spine, with the most favorable regulation being applied after the effective date of the regulatory change. The Veteran's lumbar spine disability is rated based on limitation of motion under DCs 5285, 5292, 5293, 5294, and 5295.