Knee decisions — 2011

The Veteran's appeal is being remanded due to a request for a videoconference hearing. Service connection claims for bilateral hearing loss, tinnitus, degenerative joint disease of the left knee, and degenerative joint disease of the right knee are pending.

The Board has determined that the Veteran's lumbar strain is related to his service, and he is granted service connection for this condition. However, the left knee disability and right knee disability are not found to be directly related to service.

The Board has remanded the case due to a missing medical opinion and additional development is required.

The Board denied the Veteran's claims for service connection for right knee and right hip disabilities, finding no evidence of a direct relationship to service or secondary to service-connected left knee disabilities.

The Board has determined that the Veteran's back and right knee disabilities are not related to his period of service from January 5, 1998 through November 2, 2003. The evidence does not support a finding that these conditions were incurred or aggravated during this time.

The Board granted a 30 percent evaluation for the Veteran's residuals of shell fragment wounds to the left thigh, with involvement of Muscle Group XIII and XIV. The other issues were denied.

The Veteran's right knee disability is currently rated at 50 percent, but the Board finds that his current limitation of extension does not warrant a higher rating.

The Board denied service connection for left knee disability and renal failure, finding no evidence of such conditions in service or within one year post-service. The Veteran's current symptoms are not linked to his military service.

The Veteran's service-connected disabilities, including traumatic arthritis of the lumbar spine and right knee, residuals status post pilon fracture with open reduction and retained hardware, right tibia, ankle, and a fracture of the left femur, render him physically helpless in performing activities of daily living or protecting himself from everyday hazards.,The Veteran's service-connected disabilities have rendered him so helpless that he requires regular aid and attendance.

The Board has determined that a new VA examination is needed to determine the etiology of any current left knee disorder and whether it was caused by or aggravated by his military service.

The Veteran's left knee disability, including anterior cruciate ligament tear and meniscal degeneration with tricompartmental joint disease, does not meet the criteria for a higher rating as his range of motion is within normal limits.

The Veteran's claims for increased ratings for PTSD, lumbosacral strain, and left knee disability were denied as the evidence did not show that his service-connected conditions warranted higher ratings.

The Veteran's appeal for service connection for bilateral hearing loss and increased rating for a lumbar spine disability has been withdrawn. The claim of an earlier effective date for the right knee disability is dismissed as it constitutes a freestanding claim. The psychiatric disability does not meet the criteria for a higher than 30 percent rating.

The Veteran's left knee disability, characterized by arthritis and instability, has been rated at the maximum allowable under Diagnostic Code 5003. The Board finds no additional functional loss or impairment that would warrant a higher rating.

The Board has decided to remand the Veteran's claim for service connection of a bilateral knee disorder due to incomplete records and the need for additional development, including obtaining missing service treatment records from his tour in French Morocco.

The Veteran's appeal is remanded for further development, including new VA examinations and consideration of her claims for service connection on a secondary basis.

The Veteran's disability evaluations for his right knee condition were reduced, but the Board finds that these reductions are not proper and thus denies them.

The Board denied the Veteran's claims for separate compensable ratings for her right and left knee disabilities, finding that there was no evidence of separate knee disability. The current 40 percent rating for fibromyalgia already includes symptoms related to both knees.

The Veteran's service-connected DJD of the right knee, associated with his total left knee replacement, was productive of arthritis with pain on motion during the appellate period. The disability did not meet the criteria for a higher rating.

The Board has remanded the case for additional development, including obtaining VA examinations and arranging for the Veteran to undergo appropriate VA examinations.