Knee decisions — 2010

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a left knee disability. The case is also remanded for an examination to determine the current severity of his service-connected hepatitis B.

The Board has granted the Veteran's claims for reopening of his right knee disorder and PTSD service connection claims, finding new and material evidence in both cases. The Veteran's psychiatric disorder is also found to be related to his military service.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disability, right ankle disability, and right knee disability. The issues were remanded due to a need for additional development.

The Veteran's claims for service connection are being remanded due to the need for medical examinations to determine the nature and etiology of his left leg, left knee, and lung disorders. The Board will not make a decision on these issues until further development is completed.

The Board has remanded the case for additional development, including obtaining VA examination reports and medical records. The Veteran's claims for service connection are pending.

The Board has determined that the Veteran's left knee osteoarthritis is attributable to aggravation of a preexisting left knee disability during service. The hearing loss disability was not incurred or aggravated in active service.

The Veteran contends he injured his knee during a car accident in service. The VA examiner found that the lack of service treatment records was evidence that his current right knee disorder is not related to service. However, the Board finds the Veteran's statement credible and remands for an addendum on the January 2006 VA opinion.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the failure to obtain a VA examination.

The Veteran's right knee disability, post-surgical ACL reconstruction and meniscectomies with degenerative changes, does not meet the criteria for a rating in excess of 10 percent.

The Board has remanded the case for additional development, including obtaining VA and National Guard records, and providing a new examination to assess the Veteran's right knee disability and hypertension.

The Board finds that the Veteran's PTSD is related to service and his left knee disability was not incurred or aggravated in service. Service connection for PTSD is granted, while service connection for a left knee disability is denied.

The Board has determined that the Veteran does not have a bilateral knee disability due to disease or injury incurred in service, and therefore denied his claim for service connection.

The Veteran's Ehlers-Danlos disease is a congenital disorder without evidence of aggravation during military service. The bilateral knee disabilities are diagnosed, but the evidence does not support service connection due to lack of clear and unmistakable evidence of pre-service existence or aggravation.

The Board denied the Veteran's claims for increased evaluations of his right knee and left ankle disabilities, finding that the evidence did not support a higher rating based on current disability status.

The Veteran's claim for a TDIU on an extraschedular basis has been remanded due to the need for further development and consideration by the Director of Compensation and Pension Service.

The Veteran's service-connected left knee disability is currently rated at 20 percent disabling. The Board has granted a separate rating of 10 percent for limitation of extension of the left knee, but the primary claim for an increased rating remains denied.

The Board has determined that the Veteran's right and left knee disabilities were not incurred or aggravated during active service, and thus denied his claims for service connection. The skin disability was granted with a rating of 30 percent effective April 18, 2005.

The Veteran's post-operative meniscectomy of the left knee with degenerative joint disease and chondromalacia of the left patella is manifested by functional impairment equating to 50 degrees short of full range of flexion with pain, and 10 degrees short of full range of extension; there is no evidence of subluxation or lateral instability. The criteria for a higher rating have not been met.

The Board found no evidence to support a connection between the Veteran's in-service motorcycle accident and his current left below the knee amputation, as there was a significant gap in time between the alleged injury and the amputation.

The Veteran's right and left knee disabilities were evaluated as noncompensable under the applicable rating criteria. The Board found that there was no evidence of limitation of motion, instability, or other disabling conditions warranting a compensable rating for either knee. For bilateral plantar fasciitis, the VA examination did not find any significant functional impairment or disability.