Knee decisions — 2010

The Veteran's claims for increased ratings for reactive airway disease and bronchitis, traumatic arthritis of the right knee, and abdominal muscle strain were denied as there is no evidence that these conditions meet or approximate the criteria for a higher rating under applicable VA regulations.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral knee condition, left ear hearing loss, and left ankle condition. The lumbar stenosis and thoracic myelopathy were also considered but not granted.

The Veteran's service-connected PTSD resulted in a 30 percent disability rating from April 29, 2007 to October 28, 2008 and a 70 percent disability rating from October 29, 2008 to May 5, 2009. Service connection was denied for sinusitis, hypertension, chronic diarrhea, heart palpitations, left knee disability, and right knee disability.

The Veteran's bilateral hearing loss and tinnitus are related to his military service, but he does not have a current diagnosis of right ear hearing loss. The Board finds that the Veteran's bilateral knee arthritis is related to his military service.

The Board has determined that new and material evidence was not received to reopen the claims for service connection for a right knee disorder and hepatitis C. The Veteran's pre-existing right knee condition is not shown to have been aggravated during his active duty, and there is no evidence of record showing that his current hepatitis C was incurred in or aggravated by his military service.

The Board has remanded the case due to new evidence submitted by the Veteran and incomplete service treatment records. The Veteran's right knee and left shoulder disabilities are being reviewed for possible service connection.

The Veteran's claimed conditions, including migraine headaches, hearing loss, arthritis of various joints, asthma, lower back degenerative disc disease and muscle pain, an acquired psychiatric disorder to include depression, allergies and rhinitis, and nerve paralysis, were not incurred in or aggravated by service.

The Veteran's left knee arthritis, status post partial lateral meniscectomy, was rated at 20 percent from October 18, 2007 to the present. The rating is based on limitation of flexion.

The Veteran's claims for increased ratings were denied as his service-connected conditions did not meet the criteria for higher evaluations.

The Board has granted service connection for a bilateral foot disorder and denied the remaining claims. The Veteran's bilateral foot disorder was incurred during active service.

The Board has remanded the case for further development and de novo review, including obtaining an opinion on whether the Veteran's service-connected low back disability aggravated his left knee disability.

The Board denied the Veteran's claims for service connection for cervical spine, lumbar spine, and knee disabilities due to a lack of evidence linking these conditions to his military service.

The Veteran's claim for increased disability rating for his low back condition is granted, with a current evaluation of 20 percent. The claims for PTSD and right knee disability are denied as new and material evidence has not been received to reopen them.

The Veteran's left knee disability has been rated at 10 percent for arthritis with limitation of flexion, and denied a compensable rating for limitation of extension. The Veteran continues to experience pain, stiffness, and swelling in his left knee.

The Veteran's left knee disability was rated at 20 percent effective May 26, 2010. The rating is based on osteochondritis dessicans with instability and x-ray evidence of arthritis.

The Veteran's right knee disability and status-post head trauma with mixed type headaches are both granted, with the latter receiving a maximum schedular evaluation of 50 percent.

The Board found that the Veteran's preexisting right knee injury did not worsen during his military service, and thus denied service connection for a right knee disorder.

The Veteran's appeal is being remanded for additional development and readjudication due to the need for compliance with a previous Board of Veterans' Appeals (Board) remand order.

The Board denied the Veteran's claim for service connection for a right leg condition, finding that there was no evidence linking his current conditions to service.

The Board denied the Veteran's claims for service connection for left ankle, bilateral knee, and left hip disabilities due to a lack of evidence linking these conditions to his military service.