Knee decisions — 2011

The Veteran's tinnitus is related to active service and the Board has granted service connection for this condition. The claims of service connection for carpal tunnel syndrome, right ankle disability, and left knee disability are pending.

The Veteran does not have a left knee disability that is attributable to his active military service and the Board finds no evidence of continuity of symptomatology or chronicity.

The Veteran's left knee disorder is being remanded for additional development, including obtaining VA and private treatment records and scheduling a VA examination.

The Board has determined that there is no current evidence of a diagnosed bilateral shin splints, bilateral knee disorder, or lumbar spine disorder to support the Veteran's claims for service connection.

The Board finds that the Veteran's service-connected disabilities, including major depressive disorder with alcohol abuse, below the knee amputation of the left leg, degenerative joint disease of the lumbosacral spine, and left hip tendonitis, have rendered him unemployable. The vocational goal of becoming a lawyer has been identified as feasible given his educational background and skills.

The Board has determined that the Veteran's eye muscle imbalance was incurred in service and his bilateral knee arthritis is not presumed to have been incurred in service. The claim for eye muscle imbalance is granted, while the claim for bilateral knee arthritis remains denied.

The Board has remanded the case to obtain additional medical records and for further examination. The Veteran's claims for service connection for low back disorder and right knee disorder are pending.

The Veteran's left knee disability, manifested by arthritis with flexion greater than 45 degrees and full extension, is currently rated at 10 percent. The Board finds that the current rating adequately reflects the severity of his condition.

The Veteran's right knee retropatellar pain syndrome was evaluated at a 10 percent disability rating from February 11, 2007 through June 13, 2010. The condition did not warrant an increased evaluation during this period.

The Board found that the Veteran's current bilateral knee, right hand, and left hand disabilities are not shown to have manifested during a period of active service or within one year from separation. The claims for service connection were denied as there is no evidence linking these conditions to service.

The Veteran's claim for an increased rating for his left knee disability was denied, and the claim for TDIU was also denied. The Board found that the current evaluation of 10% adequately reflects the severity of the Veteran's condition.

The Board has granted a 20% rating for degenerative arthritis of the right knee and a 30% rating for right knee laxity, finding that these conditions are secondary to service-connected right knee disabilities.

The Board has granted service connection for PTSD based on a verified in-service stressor of witnessing a helicopter crash into the side of a mountain. The Veteran's bilateral knee disorder claim is remanded due to incomplete development.

The VA determined that the Veteran's left knee tendinitis does not meet or approximate the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's claim for an increased rating for his left knee disability, currently evaluated as 10 percent disabling, is being remanded due to the need for additional development of his treatment records from the Graceville Correctional Institute.

The Board found that the Veteran's right knee disorder was not incurred in or aggravated by his military service, and may not be presumed to have been incurred in service. The claim for secondary service connection based on a service-connected left knee disability was denied.

The Board found that the Veteran's right knee and lower back disorders are not related to his service-connected left knee osteoarthritis, status post medial meniscectomy. The preponderance of evidence does not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran submitted a timely substantive appeal with respect to his claims of service connection for PTSD, residuals of right knee injury, and residuals of burn to the right forearm. The appeal is continued.

The Veteran's initial rating for degenerative joint disease of the lumbar spine was increased to 20 percent effective September 22, 2008. The other service-connected conditions were not rated higher.

The Veteran's claim for service connection for alopecia areata, sinusitis/allergic rhinitis, and left knee disorder was denied as there is no current diagnosis of these conditions.