Knee decisions — 2010

The Veteran's service-connected left knee disability is rated at 10 percent, effective December 4, 2002. The claim for an increased rating has been denied as the evidence does not support a higher evaluation based on limitation of motion or symptomatic removal of semilunar cartilage.

The Board has determined that the Veteran's right knee disability is not caused or permanently aggravated by his service-connected peripheral neuropathy.

The VA examiner found that the Veteran's right knee injury during service was minimal and did not result in a chronic condition. The current right knee disability is less likely as not related to his military service.

The Board has determined that the Veteran's claims for service connection are not properly adjudicated due to incomplete records and requires additional development, including obtaining SSA records and a new VA examination.

The Board has determined that the Veteran's service-connected right and left knee degenerative joint diseases warrant a single 10 percent evaluation each, as both knees have been found to have normal range of motion with no significant functional impairment.

The Board found no current disabilities for the claimed conditions of bilateral hearing loss, right ear disorder, low back disorder, and bilateral knee disorder. Therefore, service connection was denied.

The Veteran's appeal for increased ratings on his service-connected conditions has been dismissed due to the withdrawal of his request for a higher rating for anterior cruciate ligament instability of the left knee. His claims for type II diabetes mellitus, traumatic arthritis of the left knee, and dermatitis remain unresolved.

The Veteran's appeal is remanded due to the need for a VA examination and additional records, including VA treatment records.

The appellant's service-connected disabilities render him in need of a wheelchair and he requests assistance in purchasing an automobile or other conveyance with special adaptive equipment. The Board finds that a VA examination is required to determine the extent of his impairment.

The Veteran withdrew his appeal for the claims of increase for left knee disability and service connection for right knee, diabetes mellitus, and peripheral neuropathy of upper and lower extremities.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that it clearly and unmistakably existed prior to service and was not aggravated during service.

The Veteran's appeal for service connection for left knee osteoarthritis, to include as secondary to a service-connected right knee disability, has been dismissed due to the appellant withdrawing his appeal.

The Board has remanded the case for additional development, including VA examinations to determine if service connection can be established for low back disorder, left and right knee disabilities, and bilateral pes planus.

The Board has dismissed the Veteran's appeal regarding hypertension, hearing loss, jock itch, foot fungus, and left ankle disorder due to his withdrawal of these issues. The case is being remanded for further development on diabetes mellitus, sinus disorder, and right knee disorder.

The Veteran is granted a 20 percent evaluation for residuals of a right medial meniscus excision, effective January 7, 2005. The criteria for an initial rating higher than 10 percent for traumatic arthritis of the right knee have not been met.

The Board has determined that the Veteran's current left knee disorder is related to his military service and granted service connection for this condition.

The Board has granted service connection for PTSD and found that the appellant's current diagnosis of PTSD is related to his in-service stressors. The issue of entitlement to service connection for a left knee disability, claimed as secondary to a service-connected right knee disability, remains pending.

The Veteran's left knee condition, manifested by forward flexion not less than 120 degrees and subjective reports of stiffness and locking, does not meet the criteria for a rating in excess of 10 percent.

The Veteran's appeal for restoration of a 30 percent rating for service-connected left knee disability is granted due to the less complete VA examinations used in reducing the rating.

The Veteran's appeal was granted, and he is now receiving a 30% evaluation for his post-operative left knee disorder. The issue of entitlement to an increased disability evaluation remains pending.