Knee decisions — 2011

The Board found that degenerative joint disease of the lumbosacral spine and osteoarthritis of the knees did not develop as a result of service or any service-connected disability, and thus denied both claims.

The Veteran's claims for service connection for a bilateral knee disability and variously diagnosed psychiatric disability, to include PTSD, are being remanded due to the need for additional examinations and records.

Service connection is granted for a cervical spine disorder and left knee disorder, as these conditions were confirmed within one year of separation from active duty. Service connection is denied for the hysterectomy residuals due to lack of medical necessity.,Veteran's cervical spine and left knee disorders are service-connected based on evidence showing osteophytosis within one year of her separation from active duty. The hysterectomy was found to be elective rather than medically necessary.

The Veteran has withdrawn his appeals for the initial ratings of 20% and 10% for L4-L5, L5-S1 posterior lumbar fusion, osteoarthritis, right knee, and osteoarthritis, left knee. As a result, these claims are dismissed.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected knee disabilities and to obtain relevant medical records. The issues include seeking higher ratings for left knee osteoarthritis and right knee replacement, as well as entitlement to service connection for left knee instability.

The Veteran's right knee disability, which included arthritis and limited motion due to pain, warranted a 10 percent rating for the period prior to June 1, 2009.

The Board has granted service connection for tinnitus and denied the Veteran's claim of entitlement to an effective date prior to July 6, 1987 for the grant of service connection for PTSD. The Veteran's right knee disorder is not considered service-connected.

The Board found that new and material evidence has not been submitted to reopen the claim of service connection for a right knee disorder, as the Veteran's current symptoms do not appear related to her active service.

The Board has granted a 20 percent rating for the right knee disability, finding that it meets the criteria under DC 5258 based on meniscal tears and effusion. The other issues of service connection have been addressed.

The Veteran's right knee disorder, including meniscus and ACL tears with degenerative joint disease, was rated at 50 percent prior to December 1, 2006; 20 percent thereafter to July 24, 2008; and 30 percent thereafter. The rating for right knee instability remains at 10 percent.

The Board has determined that the Veteran's current left knee disorder is related to his military service, and thus grants the claim for service connection.

The Board has granted service connection for sleep apnea and found that the Veteran's right knee disability is not service connected. The claim of entitlement to service connection for a right knee disability will be remanded.

The Veteran's appeal is being remanded for additional development, including examinations to assess the severity of his service-connected right knee disability and whether he has a left knee disability related to his service-connected right knee disability.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling examinations to determine the nature and etiology of any psychiatric disability and the current severity of the service-connected scar.

The Board found that the Veteran's left and right knee disabilities were not incurred in or aggravated by service, but granted service connection on a direct basis due to evidence of arthritis following bilateral knee replacements.

The Veteran was awarded a higher initial rating for his mood disorder and the criteria for an increased rating were not met for other conditions.,The Veteran's left knee disability did not meet the criteria for an increased rating prior to December 22, 2004, and thereafter. The right wrist and left wrist disabilities also did not meet the criteria for increased ratings as they are already at their maximum evaluations under applicable diagnostic codes.

The Board denied service connection for various conditions, including respiratory disorders and ankle, hand, knee, and hip issues. The Veteran's claims were not reopened due to lack of new and material evidence.

The Board denied the Veteran's claims for increased initial disability ratings for his service-connected musculoligamentous strain of the right knee and lumbar spine, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's effective date for a 20 percent evaluation of his right ankle disability is granted as February 1, 2002. His claim for an increased rating for his right knee disability remains denied.

The Veteran's appeal is being remanded for additional development to locate her service treatment records and obtain private and VA medical records.