Knee decisions — 2010

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating.

The Board found that the Veteran's right knee disability preexisted service and did not permanently increase in severity during service. The bilateral hearing loss was also found to be unrelated to active service.

The Board has determined that the Veteran's current left and right knee disorders are related to his service, with the evidence being in equipoise as to whether these conditions were caused by or aggravated by his military service.

The Veteran's Osgood-Schlatter's disease of the left knee, status post surgery with degenerative arthritis, has been rated at 10 percent since June 2005. The current symptoms do not warrant a higher rating.

The Board denied the Veteran's claims for service connection for degenerative arthritis of the lumbar spine, residuals of a left knee injury, and residuals of a left ankle injury due to lack of evidence showing a nexus between these conditions and his active duty service.

The Veteran's claim for an increased disability rating for hemorrhoids was granted, effective September 29, 2003. The Board found that the Veteran's January 29, 2002 claim was continuously prosecuted and thus, a 20 percent disability rating is warranted as of this date.

The Veteran's claims for service connection for a psychiatric disorder, left knee disorder, and right knee disorder have been denied. The Board finds that new and material evidence has not been submitted to reopen any of the claims.

The Veteran's service-connected residuals of a fractured left ankle with degenerative changes, instability of the right knee, postoperative, and limitation of extension of the right knee with degenerative joint disease are not rated higher than their current levels.

The Veteran's appeal is being remanded due to the need for additional information and verification regarding his dates of active duty training (ADT) and inactive duty training (IADT). The case will be scheduled for a videoconference hearing before the Board at the RO.

The Veteran's service connection claims for left hand arthritis, right knee arthritis, and variously diagnosed low back disability are all granted. The right knee arthritis is linked to his in-service meniscus tear. The left hand arthritis is considered secondary to the service-connected third metacarpal scar. The left knee and low back disabilities are not shown to be directly related to service.

The Veteran's appeal is being remanded for additional development to determine the etiology of his right knee disability, bilateral hearing loss, and tinnitus.

The Veteran's claims for increased evaluations for chondromalacia of the right patella, left knee strain, and bilateral hearing loss were denied by the RO in January 2006. The case was remanded multiple times but ultimately remained in a 'denied' disposition.

The Veteran's acquired psychiatric disorder, claimed as major depressive disorder, is found to be related to service. The bilateral knee disability has been rated appropriately and the Veteran's tibial stress fractures have also been rated appropriately.

The Board denied service connection for a left leg disability, finding no evidence of such a condition. The Veteran's claims for increased ratings for his service-connected knee disabilities were also not granted as the criteria for higher evaluations were not met.

The Board has determined that the Veteran's current bilateral knee disabilities and respiratory disorder are related to his military service, granting service connection for these conditions.

The Board denied a schedular rating in excess of 20 percent for the Veteran's left knee disability, and found that referral to the Director of Compensation and Pension Service for an extraschedular rating was not warranted.

The Veteran's claims for increased ratings for left knee instability and degenerative joint disease in the left knee are being remanded to allow for additional development of his VA treatment records and a VA examination.

The Veteran's appeal for service connection for a right knee disability has been dismissed as the claim was already granted in September 2010.

The Board denied reopening of the claim for PTSD due to lack of new and material evidence. Service connection was not granted for left knee meniscal tear and chondromalacia or cervical spine degenerative disc disease.

The Veteran's appeal is being remanded due to her request for a Travel Board hearing. Her claims regarding right knee strain, plantar fasciitis, major depressive disorder, and lumbosacral strain are still pending.