Knee decisions — 2012

The Board denied the Veteran's claims of service connection for various conditions, including a left knee disability, lumbar spine disability, cervical spine disability, cardiovascular disabilities, PTSD, and an acquired psychiatric disability. The decision found that these conditions were not incurred or aggravated by active service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA and private medical records and scheduling a VA examination.

The Veteran's left knee disability was initially rated as noncompensable, but a higher rating of 10 percent has been granted effective June 30, 2008. The appeal is mixed with some issues granted and others not.

The Board denied the appellant's claims for service connection for tinnitus on a direct-incurrence basis, entitlement to a compensable initial rating for bilateral hearing loss prior to February 23, 2009, and entitlement to service connection for a right knee condition and degenerative disc disease of the lumbar spine.

The Board has determined that the Veteran withdrew his appeal regarding a rating in excess of 50 percent for bilateral pes planus with degenerative joint disease and hallux valgus. The remaining issues are addressed below.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's claim is being remanded due to the need for a more current VA examination and additional medical records.

The Board denied the Veteran's claim for service connection for a right knee disability, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The Veteran's claims for increased evaluations for low back strain and right knee strain were denied as the evidence did not meet the criteria for a higher evaluation under VA rating criteria.

The Veteran's claim for an increased rating for his service-connected left knee disability is being remanded due to the need for a new VA examination and consideration of additional medical records.

The Veteran's right and left knee disabilities have been rated at 10 percent each, with no higher ratings warranted due to the lack of evidence showing more than slight limitation of motion or instability.

The Veteran's PTSD is at least as likely as not the result of his period of active service and fear of hostile military or terrorist acts. The Board finds that the primary stressor referenced in the December 2006 consultation report is related to a fear of hostile military or terrorist activity, which is consistent with the circumstances of the Veteran's service. Therefore, the Board finds that service connection is warranted for PTSD.

The Board has reopened the Veteran's claims of service connection for a left knee disorder and a left shoulder disorder, but further development is needed to address the merits of these claims.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration records. He must also be afforded a VA examination to assess the nature and extent of his cervical spine, lumbar spine, and bilateral knee disabilities.

The Board has determined that the Veteran's right knee disability is related to his active service, including a fall during basic training and subsequent in-service arthroscopic removal of loose bodies. As such, the claim for service connection is granted.

The Board finds that the Veteran's right knee disability was incurred in service due to a preexisting condition that worsened during his active duty. The left knee disability is not shown to be related to service or any service-connected condition.

The Veteran is seeking service connection for a current right knee disability. The VA has determined that further examination and opinion are needed to determine if the condition is related to his military service.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board found no evidence of a right leg injury or fracture in service, and denied the Veteran's claims for service connection for his claimed right leg disorder. The left knee issue was also denied.

The Board found that the Veteran's current left knee instability was not shown to be related to his military service and determined that there is no clear and unmistakable evidence showing aggravation of a pre-existing condition during service.